EWEBINAR LABS INC.
TERMS AND CONDITIONS
Last Updated:April 29, 2020
These terms and conditions (the “Terms”) apply to your access to and use of any (a) content or material provided through the website located at ewebinar.com and such other websites and locations as may be made available from time to time (collectively, the “Website”) owned and operated by eWebinar Labs Inc. (“eWebinar”, “we”, “us”, “our”), and (b) the services we provide through the Website (the “Webinar Services” and together with the Website the “Services”). By accessing and using the Services, you accept and agree to be bound by these Terms, and all applicable laws and regulations.
PLEASE READ THESE TERMS CAREFULLY, BEFORE USING THE SERVICES, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS, EXCLUSIONS AND INDEMNITIES.
Your use of the Services is subject to these Terms. If you are not willing to be bound by each and every term and condition, or if any representation made by you herein is not true, you may not use, and must immediately cease accessing, the Services.
SECTION 1 - WEBSITE USE
1.1 Updates to Terms
We reserve the right to amend these Terms at any time, without notice to you, but we will use reasonable efforts to publish each material amendment (and to the extent you have provided us with an email address we will email the amendment to you) before it becomes effective. We will ensure that the latest, fully-amended version of these Terms are available on the Website. If any amendment is unacceptable to you, you may terminate your agreement to these Terms by ceasing use of our Services. If you continue to use the Services after the effective date of the amendment, you will be conclusively deemed, to have accepted such amended version of these Terms. The date noted above indicates when these Terms were last updated.
The Services are intended solely for users who are at least 13 years of age or older, and any registration, access to or use of the Service by anyone under such age is unauthorized, unlicensed, and in violation of these Terms. We may, in our sole discretion, terminate your Account (as defined below) and prohibit you from accessing or using the Services (or any portion thereof), with or without notice, if we have any reason to believe that you do not meet the eligibility requirements.
1.3 User Categories
The Services may be used in different ways by different categories of users. Through your use of the Services, you will be categorized as one or more of the following:
- “Host” - if you are an individual or organization using the Services under your own Account to upload or provide presentations or training using the Website;
- “Creator” - if you are an individual using the Services through a sub-account from a Host to upload or provide presentations or training using the Website;
- “Moderator” - if you are an individual using the Services through a sub-account from a Host to moderate the online chat feature on the Website on behalf of a Host; and/or
- “Registrant” - if you are an individual or organization accessing the Services to view presentations or training provided by a Host through the Website.
“Users” means Hosts, Creators, Moderators and Registrants collectively, and “User” means one of them as the context requires;
1.6 Independent Business Dealings
If you elect to have any business dealings with any User, you acknowledge and agree that such dealings are solely between you and such User and we will not be a party to, or have any responsibility or liability related thereto. You acknowledge and agree that the provision of the Services will not be construed as an endorsement by us of any such business dealings with any User.
1.7 Modifications to Services
We reserve the right to change the form and nature of the Services we provide from time to time without prior notice to you. In addition, we may stop providing access to or aspects of the Services (or any features within the Services) and we may not be able to provide you with prior notice.
Any future release, update, or other addition to functionality of the Services will be subject to these Terms.
SECTION 2 - YOUR ACCOUNT
2.1 User Account
Your use of the Services may require an account identifying you as a user (an “Account”). YOU ARE SOLELY RESPONSIBLE FOR YOUR ACCOUNT, including but not limited to the maintenance, confidentiality and security of your Account, all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any person who gains access to your account, with or without your permission (which, for a Host account, includes all Creator and Moderator sub-accounts). We may create an Account on your behalf in order to process orders you make through our Website. We may assign you, or you may create, a password and account identification to enable you to access and use certain portions of the Services. Each time you use a password or identification, you will be deemed to be authorized to access and use the Services in a manner consistent with these Terms and we have no obligation to investigate the authorization or source of any such access or use of the Services.
You must not register for an Account on behalf of any individual other than yourself, or register for an account on behalf of any group or non-individual entity unless you are duly authorized to do so by such group or entity.
For greater clarity, Registrants will not be required to create an account.
2.2 Security Breach, Unauthorized Use, Etc.
You agree to immediately notify us of: any unauthorized use of your Account, any service provided through your Account, or any password related to your Account, and any other breach of security with respect to your Account or any service provided through it. You agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
2.3 Invoicing and Payment
By creating an Account as a Host, you agree to pay the fees detailed located at ewebinar.com/pricing (the “Fees”), as invoiced on a monthly or annual basis.
You acknowledge and agree that the pricing and Fees are exclusive of any applicable taxes and may be updated or amended from time to time upon reasonable notice to you. Your continued use of the Services following such notice constitutes your acceptance of any new or increased charge or Fee. All Fees are due and payable in accordance with the payment instructions provided at ewebinar.com/pricing, and an invoice will be sent to you upon receipt of confirmation of successful payment. Failure to timely pay Fees will be deemed a material breach of these Terms and we may, but are not obligated to, terminate or cancel your access to the Services, or any Service, in our sole discretion.
2.4 Cancelling a Subscription
As a Host, you may cancel the subscription associated with your Account at any time by clicking the subscription cancellation button on your “My Plan” page. We will email you confirmation of cancellation. No cancellation is valid until you have received this email confirmation of cancellation. Once cancelled, your subscription will cease at the end of the current billing cycle.
2.5 Account Termination
We may terminate the Services related to your Account upon any breach of a material provision of these Terms and failure to cure such breach within seven days of our delivery of notice of breach to you. Termination of your access to the Services may result in the deletion of all of your User Content, and we will not be obligated to provide any backup or retrieval of your User Content. You acknowledge and agree that we may terminate the Services, your access to them, or any portion thereof, in our sole discretion without any liability whatsoever to you or any third party. Any termination by us shall be in addition to any and all other rights and remedies that we may have.
SECTION 3 - RESTRICTIONS ON USE OF THE SERVICES
3.1 Use of our Service
Provided that you are eligible for use of the Services, and that you agree to these Terms, we hereby grant you a limited, personal, non-transferable, revocable (at any time with or without notice or cause) and non-exclusive right and license to access and use the Services and to download or print a copy of any portion of the Service Content solely for your personal, non-commercial (except in the case of Hosts, Creators and Moderators) use, subject to these Terms and provided that you keep all copyright or other proprietary notices intact. No other right or license of any kind is granted to you hereunder with respect to the Services, including but not limited to the right to use the eWebinar name, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Without limiting the generality of anything else in these Terms, you must only use the Service for lawful purposes, and if at any time you become aware of any violation, by any person or entity under your control, of any part of these Terms, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
You may not, directly or indirectly, do or permit any of the following:
modify, copy, reproduce, create derivative works of, transfer or sell any Service Content (as defined below), unless we have expressly authorized you to do so herein;
publicly display, publish or use the Service Content for any commercial purpose, except in furtherance of your permitted use in accordance with these Terms;
distribute or transmit the Service Content (unless you are personally sharing Service Content on your social medial platforms);
upload, post, transmit, share or otherwise make available on the Services any User Content that:
consists of any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that is prohibited by law;
contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers, US Social Security numbers, credit card numbers, financial information and other personally identifying or private information, unless that third party has consented to such use of its private information;
in our sole discretion, portrays explicit nudity, adult content, or that is unacceptable for viewing by minors;
in our sole discretion, is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable,
contains Trojan Horses, worms, time bombs, or software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or
would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law,
attempt to decompile, reverse engineer, disassemble, translate or otherwise attempt to extract the source code from the Services, Service Content or any software or database contained in or accessed through the Service;
remove any copyright or other proprietary notations;
scan or probe another computer system, obstruct or bypass computer identification procedures or engage in unauthorized computer or network trespass without the express permission of the owners of such computer systems;
forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Service;
impersonate or falsely represent your association with any person, including a representative of us;
disrupt or threaten the integrity, operation or security of any service, computer or any Internet system;
disable or circumvent any access control or related process or procedure established with respect to the Service;
sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes (except for your internal, personal, non-commercial purposes), any portion of, use of or access to, the Service, except where expressly authorized by us;
intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including any regulations thereto, or any court order or lawful order of any governmental authority; or
harvest, scrape, extract, gather, collect, or store personal information about others without their express consent, or harvest, scrape, or use any robot, spider, crawler, script or other automated means or interface not provided by us to access the Service or to extract data, collect information or otherwise interact with the Service without our prior, written consent. All rights not expressly granted to you are reserved by us and, if applicable, our licensors.
For greater clarity, you are allowed to provide links to the Service through email, social media, or other similar methods, provided that such methods do not involve the framing or embedding of any portion of the Service within another website or service, imply any affiliation between you and us, or you and the Service, or portray us or the Service in in a false, misleading, derogatory or otherwise defamatory manner.
3.2 License Termination
The license provided herein is effective until terminated.
We may, in our sole discretion, suspend, restrict or terminate your use of the Service, including your Account, effective at any time, without notice to you, for any reason, including if the operation or efficiency of the Services or our or any third party’s equipment or network is impaired by your use of the Services, we have received a third party complaint which relates to your use or misuse of the Services, or you have been or are in breach of any term or condition of this these Terms.
You acknowledge and agree that termination, curtailment, or suspension of these Terms for any reason may result in restrictions of, disruptions to or cessation of your or third party access to your Account, your User Content and Feedback, and you hereby agree to release us from any and all liability and claims of loss resulting from restrictions, disruptions or cessations. If your use of the Services is suspended or restricted, we will have no obligation to forward any of your User Content or Feedback to you or any third party.
3.3 Additional Terms
In addition to these Terms, we may require you to agree to specific terms for particular services or areas of the Services from time to time by confirming your agreement. Any such additional terms which you agree to will be deemed incorporated into these Terms.
SECTION 4 - OWNERSHIP OF CONTENT
In these Terms, “Content” means all materials and content of any type including but not limited to, designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work made available through the Website.
4.1 User Content and Your License to Us
The Services permit you to submit, upload, provide, post, input, transmit, copy, make available, distribute, or otherwise transfer to us, or any third party using the Services, Content (collectively, your “User Content”), and we do not claim ownership over any User Content. By providing any User Content to us or any third party using the Services, whether or not through use of, or associated with, your account:
you acknowledge that we reserve the right to refuse to accept, display, or transmit any User Content in our sole discretion;
you are deemed to have granted us a worldwide, royalty-free, fully-paid up, perpetual, irrevocable, non-exclusive right and license to use, distribute, reproduce, reformat, modify, adapt, delete, publish, translate, copy, edit, perform, display and create derivative works from such User Content as permitted by the functionality of the Services (the “User License”) on the following terms:
the User License is limited to the purpose of offering the Services as may exist from time to time, in any medium whatsoever, marketing the Services by distributing case studies through social media, email or print, or to ensure adherence to, or enforce these Terms,
the User License includes our right to sublicense to third party service providers for the purpose of offering the Services, at all times in accordance with these Terms, and
the User License will end, and we will cease to use User Content, a commercially reasonable period after such User Content is removed from the Website,
you are deemed to have represented and warranted to us that (1) you have all right, title and interest to grant the User License, (2) the User Content does not infringe on any other person’s copyright, trade-mark, proprietary interests, trade secrets, privacy or other intellectual property rights, (3) the User Content is accurate and complete, and (4) no User Content contains any libellous, defamatory or otherwise unlawful material, and
you hereby agree to indemnify us and hold us harmless from any claims, losses, damages or expenses incurred by us in respect of any third party claims that your User Content infringes on any other person’s rights (including all of the rights set out in (b) above).
You acknowledge and agree that we may retain a copy or copies of your User Content for archival or compliance purposes or to otherwise provide the Services to you or others, including by way of aggregation or analytics which we may provide to you or others from time to time, subject always to your license to us set out above, even if you delete your account to which your User Content is connected. If permitted by the functionality of the Services, you may delete your User Content from the communication facilities thereupon, though we may retain a copy internally thereof for compliance purposes.
4.2 Registrant Content
With respect to Content from Registrants (“Registrant Content”), you acknowledge and agree that:
we do not collect personal information from Registrants;
we may collect anonymized and/or aggregate data from use of our Website for the purposes of evaluating and improving our Services;
any personal information collected from Registrants is collected by the Host, Creator or Moderator and not eWebinar;
as a Host, Creator or Moderator, you are solely responsible for obtaining consent from Registrants to collect, store and use personal information in compliance with all applicable laws, including any intended use of such personal information for marketing purposes; and
all Registrant Content will be collected by and associated with a particular Host, Creator and/or Moderator account, and such Host, Creator and/or Moderator will have full access to view and use such Registrant Content. and
4.3 Service Content
All Content available or stored on the Services other than your User Content, including the Services itself, any Content made available by us or any third party, and the selection and arrangement of all such Content and User Content (collectively, the “Service Content”), is the proprietary property of us, the Users or our licensors with all rights reserved, and eWebinar (or, as applicable, our Users or licensors) retain and shall retain all right, interest and title in and to all Service Content.
4.4 Third Party Content
Content accessed or available through the Service or the Internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Services or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Services as set out herein.
4.5 User Feedback
All right, title and interest in and to comments, ideas, suggestions and impressions of the Services given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us you assign to us all right, title and interest to such Feedback.
4.6 Public Transmission and Caching
You acknowledge and agree that the technical processing and transmission of the Services, including User Content, Feedback, and other Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such Content may be subject to “caching” or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.
4.7 Responsibility for Content
You acknowledge and agree that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of your User Content, Registrant Content, Feedback, information or material received, transmitted or sent by you using the Service.
If you believe that any Content on the Service infringes upon any copyright or other intellectual property right that you own or control, you may send a written notification of such infringement to our designated agent:
by e-mail at:firstname.lastname@example.org
attn: Designated Agent
4.9 Infringer and Repeat Infringer Policy
We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers of intellectual property. We may also, at our sole discretion, limit access to the Service or terminate the Account of any user who infringes any intellectual property rights of us or others, whether or not there is any repeat infringement.
SECTION 5 - DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES
5.1 Disclaimer of Warranties
No Responsibility for Others’ Content.We are not responsible or liable in any manner for any User Content or Third Party Content available on or through the Services, whether made available or caused to be made available by Users or by any of the technology associated with or utilized in the Services. Although we provide these Terms and other policies and rules for User conduct, we do not control and are not responsible for our Users’ actions and are not responsible for any Content you may encounter on the Service, be it User Content or Third Party Content. We are not responsible for the conduct, whether online or offline, of any User. Notwithstanding anything else in these Terms, eWebinar has no responsibility to monitor any User Content or Third Party Content.
Availability.The Services, or any Service, may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site (including the those in the Services) or combination thereof. We may periodically add or update the information and materials on the Convert Services without notice.Additionally, your use of the Service depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
AS IS; AS AVAILABLE.THE SERVICE AND THE SERVICE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND EWEBINAR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EWEBINAR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. EWEBINAR DOES NOT REPRESENT OR WARRANT THAT THE SERVICE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. EWEBINAR DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SOURCES.
5.2 Limitation on Liability.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED (AND, THEN, ONLY TO THE STRICT EXTENT OF SUCH RESTRICTION), IN NO EVENT WILL EWEBINAR, OR ITS DIRECTORS, PARTNERS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE, THE SERVICE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SERVICE (INCLUDING ALL THIRD PARTY CONTENT AND THIRD PARTY SOURCES), EVEN IF EWEBINAR IS AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EWEBINAR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EWEBINAR FOR THE SERVICE DURING YEAR IN WHICH YOUR SUCH CAUSE AROSE, BUT IN NO CASE WILL EWEBINAR’S LIABILITY TO YOU EXCEED $100.00. YOU ACKNOWLEDGE THAT IF NO SUCH FEES ARE PAID BY YOU TO EWEBINAR FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM EWEBINAR, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
5.3 Representations and Warranties
IF YOU ARE A HOST, YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL AT ALL TIMES REMAIN SOLELY RESPONSIBLE FOR ENSURING THAT YOU, AND ANY CREATOR OR MODERATOR SUB-ACCOUNTS ASSOCIATED WITH YOUR ACCOUNT, COMPLY WITH ALL PRIVACY, DATA PROTECTION AND ANTI-SPAM LAWS APPLICABLE TO YOUR RETENTION AND USE OF ANY AND ALL REGISTRANT INFORMATION OR REGISTRANT CONTENT COLLECTED THROUGH THE SERVICES OR OTHERWISE. YOU SHALL INDEMNIFY AND HOLD EWEBINAR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES), INCURRED IN CONNECTION WITH ANY CONTENT SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU, AND ANY CREATOR OR MODERATOR SUB-ACCOUNTS ASSOCIATED WITH YOUR ACCOUNT, THROUGH THE SERVICES AND/OR ANY VIOLATION BY YOU, AND ANY CREATOR OR MODERATOR SUB-ACCOUNTS ASSOCIATED WITH YOUR ACCOUNT, OF THESE TERMS.
IF YOU ARE A REGISTRANT, YOU HEREBY WAIVE ANY CLAIM YOU MAY NOW HAVE OR MAY HAVE AT ANY TIME IN THE FUTURE AGAINST EWEBINAR REGARDING YOUR USE OF THE SERVICES, OR ANY USE OF YOUR CONTENT, INCLUDING YOUR PERSONAL INFORMATION, BY ANY HOST, CREATOR AND/OR MODERATOR AND YOU HEREBY ACKNOWLEDGE THAT EWEBINAR IS NOT AND WILL NOT BE RESPONSIBLE IN ANY WAY OR ANY UNDER THEORY OF LAW FOR ANY SUCH ACTION OF ANY HOST, CREATOR AND/OR MODERATOR.
5.4 Indemnity by You
You agree to indemnify and hold us harmless from all liabilities, actions, proceedings, claims, causes of action, demands, debts, losses, damages, charges and costs, including reasonable legal costs, any amount paid to settle any such action, or to satisfy a judgment, and expenses of any kind and character whatsoever incurred by us relating to or arising from:
access to or use, by you or permitted by you, of the Services or your Account; and
any of your acts or omissions, including breach or non-performance of these Terms and any violation of any third party rights.
SECTION 6 - GENERAL PROVISIONS
6.1 General Provisions
Governing Law and Jurisdiction– These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with these Terms.
Interpretation– In these Terms, (i) the word “including”, the word “includes” and the phrase “such as”, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, (ii) all references to website addresses or URLs also includes any successor or replacement websites containing substantially similar information as the referenced website(s), and (iii) monetary amounts expressed are in US dollars.
Waiver of Rights and Remedies– Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate your access to any portion of the Service, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
Severability- If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
Assignment and Inurement–You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Survival– All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.
Entire Agreement– These Terms, as amended from time to time, including any and all documents and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms.
Language– These Terms are only available in English. No other languages will apply to these Terms.
6.2 Questions and Concerns
If you have any questions or concerns about these Terms, please contact us by email at email@example.com.
EWEBINAR LABS INC.
What personal information do we collect?
- We collect personal information directly from users of our website, ewebinar.com (the “Website”), or services, including name, address, phone number, email, credit card information, purchase history and related order information. Users may also provide additional information by choosing to fill out free-form fields on our Website. Hosts may also collect personal information from Registrants through our Website.
- By using our Website or services, you are choosing to provide us with your personal information and you acknowledge and consent to the processing of your personal information in Canada and the United States.
- Our Website also collects users’ location information.
Why do we collect personal information and how is it used?
- We collect personal information to facilitate the use of our Website and services.
- We also use personal information for research purposes, to provide and administer services purchased through our Website, to communicate with you about our services, to authenticate your identity, to monitor your compliance with your agreements with us, to provide information to our third party suppliers of products and services, such as payment processors, in connection with any provision of services we provide to you, to protect us, yourself and others from fraud and error and to safeguard our business interests.
- The personal information that we collect about devices and use of our Website is used in aggregate and de-identified form to evaluate and improve our services.
Is personal information shared or disclosed?
- Personal information provided to us is never sold or rented to other organizations.
- We also use certain third party service providers who may have access to the information we collect.
- We may also disclose or share personal information for fraud prevention, and other permitted disclosures under applicable law.
- Personal information provided by sub-account holders may be shared with the main account holder associated with the sub-account.
How do we protect personal information?
- We are committed to protecting our users’ personal data, however, please note that no system is ever completely secure. We have implemented safeguards to protect personal information under our control, and regularly review our practices to ensure they align with reasonable practices appropriate to the level of sensitivity of the information, in order to safeguard personal information against loss or theft, unauthorized access, alteration or disclosure.
What are the risks?
- Although we take steps to safeguard the personal information under our control, "perfect security" does not exist online or elsewhere. In particular, we cannot guarantee the security of information posted or transmitted using our Website or via email. It is possible that third parties may unlawfully intercept or access such information.
What are your choices?
- You may request access to and review of your personal information in our possession, subject to certain limitations.
- You may also request that we change or delete your personal information in our possession. We will make best efforts to comply with such requests, subject to certain limitations.
What else should you know?
- We use cloud services provided by third party service provides to store the personal information that we collect, and other service providers in Canada and the United States. This means that your information may be transferred to, or stored in, another country and accessible to foreign courts, law enforcement and national security authorities.
- You can contact us with questions, complaints or to access your personal information.
Our Website may contain links to other websites or Internet resources which are provided solely for your convenience and information. When you click on one of those links you are contacting another Internet resource. We have no responsibility or liability for, or control over, those other Internet resources or their collection, use and disclosure of your personal information. We encourage you to read the privacy policies of those other Internet resources to learn how they collect and use your personal information.
If you do not consent to the processing of your personal information in accordance with this Policy, please do not access or continue to use any of the Website or Services or otherwise provide any personal information to us.
For the purposes of this Policy, “personal information” means any identifiable information about an individual, including but not limited to an individual’s name, home address, telephone number or gender, except any other information otherwise exempted by applicable laws. For example, in Canada, personal information does not include any business contact information that is processed solely to communicate with that person about his or her employment or profession. When you use our Website or Service, we may collect the following personal information from you:
- Demographic information such as gender, age, and location of residence (city/province/state/country);
- Contact information such as name, email address, mailing and delivery address, and phone number;
- Billing information such as credit card number and billing address, which is then processed and stored by our service provider Stripe, but not stored by us;
- Unique identifiers such as username, account number, and password;
- Professional information such as name of employer, occupation, and location of occupation;
- Purchasing history and preferences and information about your use of the Service.
Your personal information may be collected when:
- You register for an account with us;
- You connect with us through social media;
- You provide information through orders or surveys provided before or after you have set up an account with us;
- We collect cookies and other tracking information through your use of the Website;
- We collect data from third parties or publicly available sources. We only collect personal information that we need. We encourage you to not provide us with any personal information beyond what is necessary and as requested by us.
Collection by Hosts
Collection from Third Parties
We do not knowingly collect your personal information from a third party unless you consent or we are otherwise exempted, required or permitted by applicable laws to do so. For example, we may collect your personal information from the following third parties:
- Your authorized representative(s);
- Organization(s) that you previously consented to collect your personal information;
- Public sources in which your personal information is publicly available.
If we collect your personal information from a third party, we will only process that information for the specific purpose for which it was provided to us in accordance with this Policy and the policy under which that information was collected.
Cookies and Log Files
Our Website uses "cookies" and similar technologies like single-pixel GIFs and web beacons. A "cookie" is a text file that is sent to your computer or device and from your computer each time you use the site. Cookies can track how and when you use the Website and which site you visited immediately before. A cookie does not damage your system and identifies your browser, not you personally.
If you are an anonymous registrant, the information in this paragraph does not personally identify you but rather numerically identifies your device, and we may share this cookie’s information with a third party marketing provider that may use it to deliver marketing about us to you while you visit other sites on the internet. If you do not wish to receive cookies, you may be able to disable them. Although this may provide you with enhanced anonymity, it may affect the functioning of our Website.
To the extent that our Website contains links to other sites, the owners of those sites are responsible for the privacy practices or content of those other sites. We do not endorse and will not be responsible for the privacy practices on third party websites.
Information about Minors
This site is intended solely for users who are over the age of 13. We do not knowingly collect personal information about minors who are 13 or younger, unless such personal information is provided to us through the consent of the minor’s parent(s) or guardian(s). Otherwise, under no circumstances should a minor or his or her parent or guardian submit a minor’s personal information to us through the Website, Services or otherwise for any reason.
2.Purpose for Which Personal Information is Processed
We may process your personal information for the following purposes (the “Purposes”):
- To verify and authenticate your identity;
- To connect with us through social media;
- To communicate with you about our products that are available through our Website or that you have purchased or wish to purchase through out Website;
- To communicate with and facilitate business with our third party suppliers and contractors of products;
- To facilitate your purchases, inquiries, or communication related to products available or purchased through our Website and to provide status updates or tracking on such orders;
- To present offers and marketing communications tailored to your personal preferences;
- To request your participation in surveys or promotions or to request or manage your participation in loyalty programs (where you choose to participate in such programs);
- To maintain accurate customer records;
- To process and collect payments and debts owed to us;
- To establish and maintain communications with customers, contractors and consultants relating to our various products, and responding to inquiries and resolving any complaints;
- To protect us from fraud and error.
- To ensure that the Website or Services are optimized for your use and benefit;
- To operate, maintain and provide to you the Services, features and functionality of the Website;
- To communicate with you to provide you services, contacts, materials and/or recommendations for your needs as identified by you through phone, email, or the Website;
- To carry out our obligations arising from any contracts entered into between you and us;
- To comply with internal policies and procedures and other legal, accounting, or security requirements;
- To share your personal information with our employees, contractors, consultants and other third party service providers such as web hosting providers, advertising agencies, payment processors or customer service agencies (“Third Party Processors”) who require this information to assist us with establishing, maintaining and managing our relationship with you and optimizing and providing the Website or Service for your use and benefit. Please note that we may change or add Third Party Processors at any time, in our sole discretion, either in the United States or elsewhere. We encourage you to reference this Policy from time-to-time, to obtain updated information. Given the nature of cloud services, personal information may be stored anywhere in the world, and may be accessible to foreign courts, law enforcement and national security authorities in the jurisdiction(s) where it is transferred or stored.
We will only process your personal information for the Purposes for which we intend to process such information. Otherwise, we will not process your personal information without your consent.
3.Disclosure of Your Personal Information
We may disclose your personal information for the Purposes as described in this Policy in the following ways:
- To our employees and contractors;
- To our business partners, suppliers, partners and distributers;
- To our service providers including web hosting providers, advertising agencies, payment processors and customer service agencies; and
- To law enforcement, government or regulatory bodies, or other lawful authorities.
Your personal information that we collect may be processed anywhere in the the United States. As a result, your personal information may be accessible to law enforcement and regulatory authorities in accordance with other jurisdictions’ applicable laws.
4.Legal Basis for Processing Your Personal Information
We will process your personal information only with your knowledge and consent, except where exempted, required or permitted by applicable laws. The form of consent may vary depending on the circumstances and the type of information being requested. Your consent may be express with clear options to say “yes” or “no”, such as by being asked to check a box to indicate your consent, or implied, such as when you provide us with your address through a form or email seeking information and we use those means to respond to your request. Your consent can also be provided by your authorized representative. Taking into account the sensitivity of your personal information, purposes of collection, and your reasonable expectations, we will obtain the form of consent that is appropriate to the personal information being processed. By using our Website or Service, or otherwise by choosing to provide us with your personal information, you acknowledge and consent to the processing of your personal information in accordance with this Policy and as may be further identified when the personal information is collected. When we process your personal information for a new purpose, we will document that new purpose and ask for your consent again.
If you do not consent to the processing of your personal information in accordance with this Policy, please do not access or continue to use any of the Website or Service or otherwise provide any personal information to us.
You may refuse to provide consent or may notify us at any time that you wish to withdraw or change your consent to the processing of your personal information without penalty, subject to legal or contractual restrictions and reasonable notice by (i) changing your privacy preferences through the Website (ii) deleting your account with the Website and stopping use of the Website (iii) opting out of the use of your personal information such as unsubscribing to any newsletter or mailing list subscription that we provide through the Website. However, if you withdraw or change your consent, we may not be able to provide you with the Service through the Website.
Other Legal Bases
Aside from consent, we may also process your personal information under other legal bases, as permitted by the applicable laws.
5.Security of Personal Information
The security of your personal information is important to us, however, please note that no system is ever completely secure. We protect personal information using physical, technological and organizational safeguards. We regularly review our practices to ensure they align with reasonable industry practices appropriate to the level of sensitivity to safeguard personal information against loss or theft, unauthorized access, alteration or disclosure.
However, no method of transmission over the Internet, or method of electronic storage, is completely secure; as such, despite our safeguards and protocols, we cannot fully guarantee the security of your personal information and you should always exercise caution when disclosing personal information over the Internet.
6.Requests for Access to and Correction of Personal Information
Applicable privacy laws allow, to varying degrees, individuals the right to access and/or request the correction of errors or omissions in his or her personal information that is in our custody or under our control. You may request access to and review of your personal information in our possession. However, access may be declined where permitted or required by applicable law.
You may request that we change or delete your personal information in our possession. We reserve the right not to change any personal information if we do not agree that it is inaccurate or outdated, but will append any alternative text the individual concerned believes appropriate.
If access cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.
We are committed to compliance with Canada’s Anti-Spam Legislation(“CASL”). Any electronic communication we send to outside parties is protected by a range of business procedures, processes and policies to ensure that such communication is done in compliance with CASL. In our electronic communications with outside parties, we comply with the rules established by CASL and enforced by various Canadian authorities including the Canadian Radio-television and Telecommunications Commission. CASL regulates, and our policies generally apply to, each commercial electronic message (a “CEM”) that we send. A CEM is an electronic message sent to an electronic address that, among its purposes, encourages participation in a commercial activity.
In addition to adopting and updating this Policy, we undertake various transparency initiatives to ensure we comply with CASL, which include:
- Consent— we do not send you CEMs without your consent. This consent typically must be “express” (expressly acknowledged by you), but in certain circumstances can be “implied” or specifically exempt from consent requirements. We modified or adopted our sign-up, registration and consent forms in order to ensure that your consent is meaningful (i.e. informed and freely given) as per CASL. When we collect your electronic contact information, you will know the exact purposes behind the collection.
- Consent we adopted processes to ensure that our CEMs contain the following requirements prescribed under CASL, which will usually be in the footer of the CEM. We will:
- Identify ourselves as the party sending the CEM, and whether we are sending the message on our own behalf or on behalf of someone else;
- Provide you with our contact information; and
- Set out a clear, working unsubscribe mechanism or preference centre that is easy to use, automatic, and at no cost to you (other than your own cost of connecting to the Internet).
- Clarity— we ensured that each aspect of a CEM, including its header, content, or any links or URLs in the CEM) conveys the appropriate information, whether viewed individually or taken as a whole, so that you always know what you are clicking on.
If you receive a CEM from us but believe that you should not have or no longer wish to receive CEMs, we will aim to respect your preferences in a timely manner once you update them through our unsubscribe mechanism. CASL requires us to process unsubscribe requests within 10 business days. If you have any questions or concerns about our unsubscribe options, you may contact us at the address indicated in Section 10 below.
8.Retention of Your Personal Information
We generally keep personal information for only as long as it is needed to accomplish the purposes for which it was collected, or as needed for authorized or legitimate purposes. More specifically, we retain personal information as long as necessary for the fulfillment of the identified purposes for its collection or as otherwise necessary to comply with applicable laws or protect our interests. When personal information is no longer necessary or relevant for the identified purposes, or is required to be retained by applicable laws, we will take steps to have it deleted, destroyed, erased, aggregated or made anonymous. We use reasonable industry practices to ensure we have adequate controls, schedules and practices for information and records retention and destruction which apply to personal information.
9.Updates or Changes to this Policy
This Policy was last updated onApril 29, 2020. We will occasionally update this Policy and revise the "last updated" date appearing in this paragraph.
If we make any material changes we will either (a) notify you by email (sent to the email address listed in your account), or (b) provide a notice on the Website or otherwise through the Service before the change becomes effective. Any change to this Policy will apply to existing information, as well as information collected onwards from the date that this Policy is posted or on the date as specified in the notification. We encourage you to periodically review this page for the latest information on our privacy practices to ensure you are aware of any changes. Your continued use of the Service signifies your acceptance of any changes to this Policy.
10.Contact Information for Privacy Officer
You can direct any questions or concerns regarding our compliance with this Policy and our processing of your personal information to our Privacy Officer by emailing firstname.lastname@example.org.
If you are not satisfied with our Privacy Officer’s response to your question or concern, you may be able to file a complaint under applicable privacy laws. Our Privacy Officer will provide you with the contact information to do so if requested. We strive to offer an accessible and simple complaint procedure. We will promptly investigate all complaints received, and if a complaint is justified, we will take the necessary steps to resolve the issue in question.
End of Policy