App Terms of Service
1. General Terms and Definitions
1.1 Your use of AESES’s mobile application (the “App”) on which these terms and the features on this App are subject to these Terms of Use, which we may update from time to time. Please read these Terms of Use carefully before using this App. The App is owned and controlled by AESES (the Association of Employees Supporting Education Services) a Chartered organization formed in 1972 for the support staff of the University of Manitoba, University of Winnipeg, and St. Andrew’s College, (“AESES,” or “we” or “us” or “our”). These Terms of Use only apply to this App and not to any other website, product, service, or program.
1.2 By accessing this App in any way, including, without limitation, browsing or using this App, using any information, and/or submitting information to AESES, you (the user, referred to as “you” or “the user” or “user”) agree to and are bound by the terms, conditions, policies, and notices contained on this page (the “Terms“), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Manitoba law.
1.3 These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and AESES, concerning your access to and use of our App. You agree that by accessing the App, you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
1.4 From time to time, we may update the App and these Terms. Your use of the App, including the downloading, installing, or using of the App, after we post any changes to these Terms, constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. AESES may, in its sole discretion, and at any time, discontinue this App or any part thereof, with or without notice, or may prevent your use of this App with or without notice to you. If you do not agree to these Terms, stop using the App and uninstall the App immediately. You agree that you do not have any rights in this App and that AESES will have no liability to you if this App is discontinued or your ability to access the App or any content you may have posted on the App is terminated.
1.5 These Terms constitute the entire agreement between you and AESES relating to your access to and use of the App. The failure of AESES to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
2. Services
2.1 AESES provides you use of the App under the terms and conditions of these Terms to allow the User to communicate with AESES and stay updated on activities, seminars, newsletters, collective agreements, as well as other postings by AESES. The App also allows the User to communicate with other Users in select channels. The App also allows Users through third-party Apps to process payments to AESES. (Collectively, “Services”).
2.2 The App 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 App, possibly 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 App 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:
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- 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;
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the App, and other users of the App to use your Contributions in any manner contemplated by the App and these Terms;
- 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 App and these Terms;
- Your Contributions are not false, inaccurate, or misleading;
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
- Your Contributions do not violate any applicable law, regulation, or rule;
- Your Contributions do not violate the privacy or publicity rights of any third-party;
- 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;
- Your Contributions do not violate any federal law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation;
2.3 Any use of the App in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the App.
3. Contribution License
3.1 By posting your Contributions to any part of the App, or making Contributions accessible to the App by linking your account from the App 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.
3.2 This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all rights in your Contributions.
3.3 We are not liable for any statements or representations in your Contributions provided by you in any area on the App. You are solely responsible for your Contributions to the App, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
3.4 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 App; 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.
4. Prohibited Conduct
4.1 You agree to use the App in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the App. In connection with your use of the App and the Services, you will not:
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- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Impersonate another person or log into an account which you are not authorized to access;
- Use or attempt to use another user’s account without authorization from that user and AESES;
- Use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying use of the App and the Services or that could damage, disable, or impair the functioning of the App and the Services in any manner, including with respect to AESES’s network or network security;
- Interfere or attempt to interfere with service or any user, host or network, including by way of introducing a virus, overloading, “flooding” or crashing, or sending unsolicited e-mail, promotions or advertisements;
- Reverse engineer, decompile, or disassemble any aspect of the App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App;
- Collect or store personal information about other users;
- Upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communications;
- Develop or use any third-party applications that interact with the App or Services without our prior written consent, including any scripts designed to scrape or extract data from the App;
- Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Make any unauthorized use of the App, 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;
- Use a buying agent or purchasing agent to make purchases on the App;
- Use the App to advertise or offer to sell goods and services;
- Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein;
- Engage in unauthorized framing of or linking to the App;
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- 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;
- Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App;
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile;
- Use any information obtained from the App in order to harass, abuse, or harm another person;
- Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavour or commercial enterprise;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App;
- Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App;
- Harass, annoy, intimidate, or threaten any of our employees, users, or agents of the App;
- Delete the copyright or other proprietary rights notice from any Content;
- Copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
- 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 App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App;
- 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”);
- 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 App, or using or launching any unauthorized script or other software;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App; or
- Use the App in a manner inconsistent with any applicable laws or regulations.
5. User Representations
5.1 By using the App, you represent and warrant that, in addition to the other representations outlined in the Terms: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are a member of AESES; (5) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the App; (6) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the App for any illegal or unauthorized purpose; and (8) your use of the App will not violate any applicable law or regulation.
5.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
6. Eligibility
6.1 This App is not intended or targeted for anyone who is not a member of the AESES union. Further, this App is not intended or targeted for use by anyone under the age of 18. You must be at least 18 years of age to access and use the App. If you are under 18 years of age (or the age of legal majority where you live), you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with the App. You must also be a member of the AESES union to use the App.
7. User Account and Account Security
7.1 You will need to create and register for an account to use certain functionality and features of the App and the Services. If you register for an account, you will be asked to provide (as a non-exhaustive list) your name, password, address, e-mail address, phone number, department address, employee number, confirmation of employment, and/or union member number (“Account Information”). You must provide accurate, truthful, current, and complete Account Information and promptly update this information if it changes.
7.2 If you use this App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, phone, or electronic device that accesses the App, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AESES is not responsible for third-party access to your account that results from theft or misappropriation of your account. AESES and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content associated with your account in our sole discretion. We may cancel your account and delete any content associated with your account at any time, and without notice, if we deem that you have violated these Terms, the law, or for any other reason. AESES assumes no liability for any information removed from our App and reserves the right to permanently restrict access to the App or a user account.
8. User Licence
8.1 Subject to the agreement and compliance with the terms of this Agreement, AESES grants to the user a non-exclusive, non-transferable, non-shareable, non-sublicensable revocable, limited licence to download, display, and use the App, including text, graphics, images, photographs, videos, data, displays, illustrations, and other content associated with the App for solely for your personal, non-commercial use in connect with the Services and in accordance with this Agreement.
8.2 This licence does not include any right to, and the user will not (a) sell, resell, or commercially use the App or content; (b) copy, reproduce, distribute, publicly perform, or publicly display the App or content; (c) modify the App or content, remove any proprietary rights notices or markings, or otherwise make any derivative users of the App or content; (d) use any data mining, robots, or similar data gathering or extraction methods on the App; and (e) use the App or content other than for their intended purposes.
8.3 The App is protected by the copyright laws of Canada, international treaties, and conventions, and other laws, and AESES retains all right, title, and interest in the App, including all intellectual property rights associated with the App. Except as expressly granted above, the user has no intellectual property rights in the App (including any rights to use trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and AESES reserves all rights not expressly granted to the user.
9. Account Balances and Payments
9.1 The App uses a third-party processor that will enable you to fund any purchases or transactions on the App. Your payment card (e.g., credit card or debit card) will be billed in accordance with the terms and conditions provided by such third-party processor and any Account Information you provide in connection with the payment card processing will be handled solely by such third-party processor. Your dealings or correspondence with third parties, and any terms, conditions, warranties, or representations applicable to any third-party services, are solely between you and the applicable third-party. Upon completing your transaction, your account will be funded in the amount you designated. The value of funds can be used only for the Services.
10. Email Communications and Push Notifications
10.1 When you sign up for an Account, you are, by default, opted in to receive email communications from AESES. You may opt out of receiving email communications in accordance with AESES’s Privacy Policy. Upon download of the App, your ability to receive push notifications on your device may be enabled. This may include promotional communications, offers, and system messages pushed to the device.
11. Feedback
11.1 Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about AESES, the App or Services (collectively, “Feedback”), is non-confidential and will become the sole property of AESES. We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12. Indemnification
12.1 To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless AESES, our affiliates, and each of our respective officers, directors, agents, and employees from and against any loss, liability, claim, demand, damages, expenses, or costs (including reasonable attorneys’ fees) (“Claims”) arising out of or related to (a) your access to or use of the App; (b) your contributions to the App; (c) your violation of these Terms; (d) your breach of your representations and warranties set forth in these Terms; (e) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (f) your conduct in connection with the Services. You agree to promptly notify us of any such Claims, cooperate with AESES in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). You also agree that AESES will have sole control of the defence or settlement of any Claims.
13. Electronic Signatures
13.1 Using the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
14. Disclaimers and Limitation of Liability
14.1 AESES makes no representations about the reliability of the features of this App, the Content, or any other App feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. AESES makes no representations regarding the amount of time that any Content will be preserved.
14.2 The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
14.3 THIS APP IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS APP OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AESES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS APP, NOR SHALL AESES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND AESES’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS APP’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL AESES OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP, EVEN IF AESES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THIS SECTION SHALL APPLY TO THE GREATEST EXTENT ALLOWABLE BY LAW.
14.4 The failure of AESES to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, provincial, or local governmental authorities or for any other reason beyond the reasonable control of AESES, shall not be deemed a breach of these Terms.
14.5 If AESES fails to act with respect to your breach or anyone else’s breach on any occasion, AESES is not waiving its right to act with respect to future or similar breaches.
14.6 If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
15. Governing Law
15.1 The Terms are governed by the laws in the Province of Manitoba without regard to its conflict of laws, rules, and the laws of Canada. These laws will apply no matter where in the world you live.
16. Third-Party Websites
16.1 This App may hyperlink to Apps not maintained by or related to AESES. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this App or AESES, and we make no representations or warranties about the content, completeness, or accuracy of those third-party Apps. Information you submit at a third-party App accessible from this App is subject to the terms of that App’s privacy policy, and AESES has no control over how your information is collected, used, or otherwise handled.
16.2 The App may contain (or you may be sent via the App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, Apps, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the App or any Third-Party Content posted on, available through, or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or application to which you navigate from the App or relating to any Apps you use or install from the App. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
17. Dispute Resolution; Binding Arbitration
17.1 Please read the following section carefully because it requires you to arbitrate certain disputes and claims with AESES and limits the manner in which you can seek relief from us.
17.2 Except for small claims disputes in which you or AESES seek to bring an individual action in small claims court, you and AESES waive your rights have any dispute arising out of or related to these Terms resolved in court. Instead, all disputes arising out of or relating to these Terms will be resolved through confidential binding arbitration held in Winnipeg, Manitoba in accordance with the Arbitration Act of Manitoba, CCSM c. A120.
17.3 You and AESES agree that any dispute arising out of or related to these Terms is personal to you and AESES and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
18. Changes to these Terms
18.1 We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms within the App and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or provide notice through the App. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of the App after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the App.
19. Application Management
19.1 We reserve the right, but not the obligation, to: (1) monitor the App for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, delete, remove, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.
20. Electronic Communications
20.1 By creating an AESES account, you also consent to receive electronic communications from AESES (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
21. Termination
21.1 If you are in breach of any of these Terms, we reserve the right, in our sole discretion, to terminate your right to access or use of the App. We are not responsible for any loss, damage or harm related to your inability to access or use the App based on such termination.
21.2 These Terms shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
21.3 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
22. How a User can Cancel and/or Terminate an Account
22.1 Notwithstanding the above provisions of these Terms, you may cancel your account at any time by emailing the contact address provided below indicating that you wish to cancel your account. The account will be terminated within one months’ time of AESES receiving the cancellation notice. You acknowledge that cancellation of your account on this App does not affect any other memberships and affiliations with AESES and only affects the App.
23. Ownership of Your Content
23.1 We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In accessing the App you agree that you will access its contents and use the Services solely for your personal, non-commercial use. The App includes parts of it, may not be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the App for personal, non-commercial home use only.
24. User Generated Content
24.1 AESES does not claim ownership of any Content you post, upload, or submit to any publicly accessible area of the App. However, by doing so, you are granting us a worldwide, royalty free, sub-licensable, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate, or publish such Content on the App. This licence shall be terminated when such Content is deleted from the App by either party. We may also use your Content in other types of media, including social media platforms, for promotional purposes.
25. Intellectual Property Rights
25.1 Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos (the “Marks”) contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the App and no 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 whatsoever, without our express prior written permission.
25.2 Provided that you are eligible to use the App, you are granted a limited license to access and use the App solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, Content, and the Marks.
26. Privacy Policy
- Available here: https://aeses.ca/app-policy/
27. Miscellaneous
27.1 These Terms and any policies or operating rules posted by us on the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the App. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
28. Contact
28.1 If you have any questions regarding the App, AESES Content and/or these Terms, you can contact us at contact@AESES.ca.
