CHILDREN’S AID FOUNDATION OF CANADA (“CAFC”) Terms and Conditions
Posted: February 7th, 2022
Effective: February 7th, 2022
Welcome to our website (the “Website”). Children’s Aid Foundation of Canada (“CAFC”, “we”, “us” or “our”) provides the services available on the Website to you subject to these Terms and Conditions of Use and Privacy Statement. By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions of Use and Privacy Statement.
BY USING OUR WEBSITE, YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS (WHETHER OR NOT YOU CONFIRM YOUR AGREEMENT, SUCH AS BY CLICKING “I AGREE”). IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE OUR WEBSITE.
Terms and Conditions of Use
Intellectual Property
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of CAFC, our affiliates, our partners or our licensors, and is protected by Canadian and international copyright laws.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of CAFC, our affiliates, our licensors or our partners, in Canada and other countries, and are protected by Canadian and international trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Access to this Website does not give any person any intellectual property rights whatsoever.
Your Account
To have access to our entire Website, you will be required to establish an account with a username and password. You will be required to provide some personal information such as your first name, email address. Profile pictures and employer information is optional. Any personal information gathered will be in accordance with our Privacy Statement. Any and all accounts you create to use our Website will be pre-approved and verified by CAFC. Portions of our Website will be accessible without having to create an account or providing your personal information.
By establishing your account, you represent and warrant that the information you provide is accurate and complete in all respects, and you agree to keep such information at all times complete, accurate, and up-to-date. You are responsible for maintaining the confidentiality of your username and password for your account and you are solely responsible for all activities that occur under your account. We reserve the right to require you to alter your password if we believe that your account is no longer secure. If for any reason you wish to have your account removed, please contact us.
Electronic Communications Notice
When you use our Website or send emails to us, you agree and consent to receiving communications from CAFC electronically, including but not limited to promoting events, resources and opportunities for youth in/from government care. We may communicate with you by email or posting notices on the Website. You may update your information for notice purposes by logging in to your account. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, please contact us.
Accuracy of Information
We attempt to be as accurate as possible when describing our services on the Website; however, to the extent permitted by applicable law, we do not warrant that the service descriptions or other content available on the Website is accurate, complete, reliable, current, or error-free.
Third Party Links
We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience and information only and are not an endorsement by us, our affiliates or our partners of the referenced content or service. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
Viruses and Malware
CAFC recommends that you install appropriate defences against viruses and other malware before you visit this Website. CAFC shall accept no liability for any virus or malware contracted a result of visiting this Website or any other web site and will not be liable for any claim, loss, damage, costs or expenses suffered or incurred by any person as a result of the presence of any virus or malware on this Website or another website.
Warranty Disclaimer
CAFC DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO OUR SERVICES AND NUMEROUS FACTORS OUTSIDE OF CAFC’S CONTROL MAY AFFECT THE OPERATION OF OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT USE OF ANY OF OUR WEBSITE, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES IS AT YOUR SOLE RISK. OUR SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CAFC HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, IN RELATION TO OUR SITES, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE). IN PARTICULAR, CAFC DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION OR OTHER CONTENT OBTAINED OR VIEWED BY YOU AS A RESULT OF YOUR USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE, THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. CAFC HEREBY DISCLAIMS ALL EQUITABLE INDEMNITIES.
Disclaimer of Liability
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CAFC SHALL NOT BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL INJURY/ WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES, (EVEN IF CAFC WAS ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM OR RELATED TO: (A) YOUR USE OF OR INABILITY TO USE OUR WEBSITE; (B) ANY OF OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES AVAILABLE THROUGH OUR WEBSITE; OR (C) THE CONDUCT OF ANY PERSON THAT BROWSES OR ACCESSES OUR WEBSITE. SHOULD CAFC BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED CAD$100.00 IN THE AGGREGATE.
Indemnification
You agree to defend, indemnify and hold CAFC and its affiliates and each of its and their present and future officers, directors, employees, agents, and assigns (“CAFC Indemnitees”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of our Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Disputes
With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions of Use shall be governed by the laws of Canada, as if the Terms and Conditions of Use were a contract wholly entered into and wholly performed within Canada.
General
You acknowledge and agree that these Terms and Conditions of Use, together with our Privacy Statement, constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior agreement and communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions of Use at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website.
Your continued use of the Website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. If you have any questions regarding these Terms and Conditions of Use or any concerns about the material which appears on our Website, please contact us.
