Terms and Conditions

Terms and Conditions

AGREEMENT TO TERMS

Welcome to the Toronto Punjabi Chamber of Commerce (“Company,” “we,” “us,” or “our”). These Terms of Use constitute a binding agreement between you, either as an individual or on behalf of an entity (“you”), and us regarding your access to and use of our website including any related media forms, channels, mobile websites, or mobile applications (collectively, the “Site”). By using the Site, you confirm that you have read, understood, and agree to abide by all these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SITE.

Additional terms and conditions or documents may be posted on the Site from time to time, and they are incorporated here by reference. We reserve the right to update or modify these Terms of Use at any time and for any reason at our discretion. When changes are made, we will revise the “Last updated” date. Your continued use of the Site after such changes indicates your acceptance of the new Terms of Use.

The Site’s content is not intended for distribution to or use by any individual or entity in jurisdictions or countries where such distribution or use would violate local law or regulation, or where we would be required to register within such jurisdiction or country. If you choose to access the Site from outside of Canada, you are responsible for compliance with local laws.

Minors in their jurisdiction (typically under 18) must have permission from and be directly supervised by their parent or guardian to use the Site. If you are a minor, ensure your parent or guardian reviews and agrees to these Terms of Use before you use the Site.

INTELLECTUAL PROPERTY RIGHTS

The Site and its content, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by us or licensed to us. They are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “as is” for your information and personal use only. Unless explicitly stated in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written consent.

If you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content for your personal, non-commercial use only. We reserve all rights not expressly granted to you in the Site, Content, and Marks.

USER REPRESENTATIONS

By accessing the Site, you affirm that: (1) all registration information you submit is accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Terms of Use; (4) you are not a minor in your jurisdiction, or if a minor, you have received parental permission to use the Site; (5) you will not use automated or non-human means, such as bots or scripts, to access the Site; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site does not violate any applicable law or regulation.

If any information you provide is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Site (or any part thereof).

USER REGISTRATION

You might need to register with the Site to use certain features. You agree to keep your password confidential and are responsible for all activities that occur under your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our discretion, that such a username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy here. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in Canada. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Canada, then through your continued use of the Site, you are transferring your data to Canada, and you agree to have your data transferred to and processed in Canada.

TERM AND TERMINATION

These Terms of Use shall govern your use of the Site and remain effective throughout your interaction with it. Without prejudice to any other provisions outlined herein, we retain the discretion, without prior notice or liability, to restrict access to and use of the Site (including the blocking of specific IP addresses) for any individual or entity, for any reason or without reason. Such reasons may include, but are not limited to, breaches of representations, warranties, covenants set forth in these Terms of Use, or violations of applicable laws or regulations. We reserve the right to terminate your access or participation on the Site, or delete your account and associated content or information, at any time and without prior warning, at our sole discretion.

Should we suspend or terminate your account for any reason, you are prohibited from re-registering or creating a new account under your name, a fictitious identity, or the identity of any third party, even if you act on behalf of such third party. In addition to account suspension or termination, we reserve the right to pursue appropriate legal action, including civil, criminal, and injunctive remedies.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify, adjust, or eliminate any content on the Site at our sole discretion and without prior notice. While we are not obligated to update any information on our Site, we may choose to do so at our discretion. Similarly, we retain the right to modify or discontinue any aspect of the Site at any time without notice. We shall not be held liable to you or any third party for any alterations, pricing changes, suspensions, or terminations of the Site.

We cannot guarantee continuous availability of the Site. Technical issues, maintenance requirements, or other factors may result in interruptions, delays, or errors. We retain the right to change, amend, update, suspend, discontinue, or otherwise modify the Site without notice, and you agree that we shall not be held liable for any loss, damage, or inconvenience arising from your inability to access or utilize the Site during such interruptions or terminations. These Terms of Use do not compel us to maintain or support the Site, nor to provide any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of Canada. Toronto Chamber of Punjabi Chamber of Commerce and you hereby agree that any dispute arising in connection with these terms shall be resolved exclusively by the courts of Canada.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between them individually. To the fullest extent permitted by law, (a) no arbitration shall be consolidated with any other proceeding; (b) no Dispute shall be arbitrated on a class-action basis or using class action procedures; and (c) no Dispute shall be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that certain Disputes are not subject to the above arbitration provisions: (a) Disputes related to the enforcement, validity, or protection of any Party’s intellectual property rights; (b) Disputes concerning allegations of theft, piracy, privacy invasion, or unauthorized use; and (c) Claims for injunctive relief. If any part of this provision is deemed illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion, and such Dispute shall be resolved by a competent court within the jurisdiction listed above, with the Parties consenting to the jurisdiction of that court.

CORRECTIONS

The Site may contain information with typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to modify or update the information on the Site at any time, without prior notice.

DISCLAIMER

The Site is provided on an as-is and as-available basis. Your use of the Site and our services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations regarding the accuracy or completeness of the Site’s content or the content of any websites linked to the Site. We shall not be liable for any errors, personal injury, property damage, unauthorized access to or use of our servers or any personal or financial information stored therein, interruptions or discontinuances of the Site, viruses or malicious software transmitted through the Site, or any errors or omissions in any content or materials available via the Site. We do not endorse or guarantee any product or service advertised or offered by third parties through the Site and are not responsible for any transactions between you and such third-party providers. As with any purchase or service obtained through any medium, you should exercise caution and use your best judgment.

LIMITATIONS OF LIABILITY

In no event shall we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, revenue, or data, arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of action shall at all times be limited to the lesser of the amount paid by you to us or __________. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the above limitations may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, arising from your use of the Site, any breach of these Terms of Use, your representations and warranties, your violation of third-party rights, or any harmful act towards other users of the Site with whom you interacted. We reserve the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claims.

USER DATA

While we maintain certain data transmitted to the Site to manage its performance and usage-related information, you are solely responsible for all data transmitted or activity undertaken through the Site. We shall not be liable for any loss or corruption of such data and waive any right to legal action against us in connection therewith.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Your visits to the Site, emails sent to us, and completion of online forms constitute electronic communications. By using the Site, you consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications provided to you electronically, via email or posted on the Site, fulfill any legal requirement for written communication. By accepting these Terms of Use, you agree to the use of electronic signatures, contracts, orders, and other records, and electronic delivery of notices, policies, and transaction records by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that may require an original signature or non-electronic records.

MISCELLANEOUS

These Terms of Use, together with any additional policies or rules posted by us on the Site, constitute the entire agreement between you and us regarding your use of the Site. Our failure to enforce any right or provision of these Terms of Use shall not be deemed a waiver of such right or provision. These Terms of Use operate to the fullest extent permitted by law, and we may assign any or all of our rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act due to causes beyond our reasonable control. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Terms of Use or your use of the Site. You agree that these Terms of Use shall not be construed against us due to drafting. By accepting these Terms of Use electronically, you waive any defenses that may arise due to the electronic form of these Terms of Use and the lack of physical signatures.

This document serves as an agreement between you and the Toronto Chamber of Punjabi Chamber of Commerce regarding the use of the Site.