WeShall INVESTMENTS INC.
Terms of Use
Last Updated: January 12, 2023
These Terms of Use (these “Terms”) are a legal agreement between the WeShall Investments Inc. (“WeShall”, “we”, “us”, or “our”) and you, an individual accessing the website located at www.weshall.ca (the “Website”) on behalf of yourself or your organization. The Website includes, but is not limited to and all other sites owned and operated by WeShall that redirect to the Website, all subdomains provided through such other site or the Website, and all downloadable applications, features, functionality, content, documents, or information that is made available or provided on the Website. The Website is made available to you for the purposes of providing you with access to information about WeShall, including without limitation, WeShall events and merchandise and information regarding race and gender diversity within corporate Canada (the “Services”). The Terms set out the terms and conditions that apply to your access and use of the Website and Services.
You agree that your use of the Services, including the Website, is subject to the terms of our Privacy Policy (“Privacy Policy”), which is incorporated by reference into, and forms an integral part of, these Terms.
BY USING THE SERVICES, YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE SERVICES. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES AND MUST EXIT THE WEBSITE AND REFRAIN FROM USING THE SERVICES.
Because of the importance of this part of the Terms, we will capitalize all the letters for your attention: THESE TERMS CONTAIN A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES OR THE WEBSITE. BY USING THE SERVICES, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
1. Modification of Terms
The Services are offered subject to acceptance of all of the terms and conditions contained in these Terms. WeShall reserves the right to modify or replace these Terms. Should WeShall wish to modify or replace these Terms, it will provide you with notice of such changes prior to the coming into force of the changes. If you use the Website after receiving notice of any such modification or replacement, you are deemed to have read and are indicating your acceptance of, and you agree to be bound by, the modified or replaced terms of use.
2. Modification of Services; Downtime
WeShall reserves the right to change the Website or change, eliminate or interrupt any of the Services without notice and for any reasons whatsoever. The Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between you and WeShall through the Website or use of Services.
3. Permitted Uses
You agree to use the Services only for purposes that are permitted by these Terms. You agree, and confirm, that your use of the Services is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Services due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary.
4. License
WeShall hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Website for the purpose of receiving the Services in accordance with these Terms and (b) access, view and print any information and documentation made available on the Website, for your personal, non-commercial and informational use only to assist you in the access and use of the Services. WeShall may terminate this license at any time for any reason whatsoever. All rights not expressly granted herein are reserved solely for WeShall.
5. Suspension and Termination of Access
WeShall may also suspend or terminate your access to the Services or terminate these Terms at any time without written notice to you for any or no reason whatsoever.
If these Terms are terminated for any reason, you are still bound by the provisions of the Terms that are intended to survive. Except to the extent prohibited by law, WeShall has no liability of any kind or any nature whatsoever to you solely by reason of any change, modification, suspension or discontinuance of the Website or any or all of the Services in accordance with its terms. Except to the extent prohibited by law, you agree that you shall not make any claim against WeShall, including with respect to any lost revenue, profits or opportunities as a result of such change, modification, suspension or discontinuance or on account of any expenditures made or actions taken in reliance on the expected continuation of the Services or these Terms.
6. Content
The Website may include images, text, works, audio files, sounds and other content and data that are owned by third parties (“Third Party Content”). You agree that all of the terms and conditions of these Terms relating to the Website apply to your access to and use of any Third Party Content and you further agree to comply with any terms and conditions that are specific to the Third Party Content.
All content and data made available by WeShall through the Website, including any Third Party Content, (the “WeShall Content”) is owned solely and exclusively by WeShall and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the WeShall Content (as defined below); (b) market, sell, re-sell or make commercial use of the any WeShall Content; (c) systematically collect from the Website and use any WeShall Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Website or the WeShall Content.
If you make any information, data or content available to WeShall on or through the Website, including by submitting blog posts, by contacting us, by signing the WeShall Pledge, or providing comments or ideas about our Services or the Website (“User Content”), you are deemed to grant WeShall a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Website without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the Website or that is made available by you. If you make User Content available, you represent that you have the right to do so. You agree that WeShall may proofread, summarize or otherwise edit, remove and/or withdraw your User Content in its sole discretion and for any reason whatsoever.
If you provide WeShall with any comments, suggestions, recommendations, requests or any other feedback (“Feedback”), WeShall may use such feedback to improve the Website or Services or for any other purpose. Furthermore, WeShall shall own such Feedback and WeShall and its affiliates, licensees, clients, partners, third-party providers and other authorized entitled may use, license, distribute, reproduce and commercialize the Feedback, and you hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to WeShall.
7. Disclaimers and Limitation of Liability
THE SERVICES AND WEBSITE ARE PROVIDED BY WeShall ON AN “AS IS” AND “AS AVAILABLE” BASIS. WeShall MAY MAKE CHANGES OR IMPROVEMENTS TO THE WeShall CONTENT AND FUNCTIONALITY OF THE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. WeShall DOES NOT WARRANT THAT THE SERVICES OR WeShall CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WeShall MAKES NO REPRESENTATIONS ABOUT THE TECHNICAL ACCURACY OR FUNCTIONALITY OF THE SERVICES OR THAT THE WeShall CONTENT IS ACCURATE, ERROR-FREE OR UP-TO-DATE. WeShall MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR INTELLECTUAL PROPERTY.
WeShall makes no warranties that your use of the WeShall Content will not infringe on the rights of others and assumes no liability or responsibility for errors or omissions in such WeShall Content. You expressly agree that your use of the Services is at your sole risk. You, and not WeShall, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising out of your use of the Services or the WeShall Content.
In no event shall WeShall, its directors, officers, employees, agents or representatives be liable for any direct, indirect, incidental, special, punitive or consequential damages of any kind, including, without limitation, those resulting from loss of use, data, or profits, whether or not WeShall has been advised of the possibility of damages, on any theory of liability, arising out of or in connection with access to, use or performance of the Services, failure of the Services to operate, or any WeShall Content or other information provided in connection with the Services. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of these Terms and you acknowledge that WeShall would not grant access to the Services without your agreement of this section. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages so the above limitation or exclusion may not apply to you.
8. Trade-marks
All product, brand and WeShall names and logos and trade-marks displayed on the Website or used in connection with the Services are the trade-marks of WeShall (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Website or in connection with the Services without the express written consent of WeShall or the owner of the mark, as appropriate, is strictly prohibited.
9. Links
Any links on the Website to third party websites are provided for your convenience and for partnering sites to identify you are using our Services. If you choose to access third party websites or obtain products or services from third parties, you do so entirely at your own risk and such access is between you and such third party. WeShall does not warrant or make any representations regarding the legality, accuracy or authenticity of content presented by such websites or any products or services offered by third parties and shall have no liability for any loss or damages arising from the access or use of such websites, products or services. You are strongly advised to check the terms of use and the privacy policies of these external websites or resources before making use of them. You acknowledge that WeShall may remove any link to an external website or to resources at any time for any reason whatsoever.
10. Jurisdiction
You acknowledge and agree that your use of the Website and all of the communications, transmissions and transactions associated with the Services and the provision of the Services shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. You irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters and disputes arising hereunder.
You expressly agree that, in the event that there is a dispute under these Terms and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury.
11. Force Majeure
You agree that we are not liable for a delay or failure in performance of the Services or the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, pandemics or epidemics, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.
12. Waiver
No delay or omission by WeShall to exercise any right or power we have under these Terms or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by WeShall must be in writing and signed by an authorized representative of WeShall.
13. Survival
To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive any termination of these Terms.
14. Entire Agreement
These Terms, the Privacy Policy and any documents referenced herein constitute the entire agreement between you and WeShall as it relates to the access to, and use of, the Services, the Website, and the subject matter of these Terms and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between WeShall and you. You and WeShall agree that these Terms and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
15. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms shall be valid and enforceable to the extent permitted by law.
16. Assignment
These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with WeShall’s prior written consent. WeShall may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
17. Electronic Documents
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement.
18. Contact Us
Please send us feedback by emailing us at info@weshall.ca or writing us at 130 King St W #2950, Toronto, ON M5X 1K6; Attention: Brand Coordinator. By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address or by mobile notifications. It is your responsibility to update or change that address, as appropriate.
