Website terms and conditions
1. Acceptance of Website Terms and Conditions
These website terms and conditions of use for cancer.ca, and other Canadian Cancer Society (“CCS”) websites constitute a legal agreement and are entered into by and between you and CCS. The following terms and conditions on CCS websites govern your access to and use of such websites (the “Website”).
BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
By using the Website, you represent and warrant that you have the capacity under applicable law to form a binding contract with CCS and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
2. Modifications to the Terms and Conditions and Website
CCS reserves the right in its sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website may be changed, withdrawn, or terminated at any time in CCS’s sole discretion without notice. CCS will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
3. Account Set-Up and Privacy
The security of your personal information is very important to CCS. However, the transmission of information via the Internet is not completely secure. Although CCS does its best to protect your personal information, CCS cannot guarantee the security of your personal information transmitted through the Website. Any transmission of personal information is at your own risk. CCS is not responsible for circumvention of any privacy settings or security measures contained on the Website.
To access certain features on the Website, you may need to register an account. When you register an account, you must provide accurate and complete personal information. You are responsible for obtaining your own access to the Website and your account. You are also responsible for the activity that occurs on your account, and you must keep your account password secure. You must protect the confidentiality of your account information by not sharing your username or password with others or allowing others to use your account. You agree to notify CCS immediately of any unauthorized use of your account. You are responsible for any unauthorized use of your account. CCS reserves the right to disable or terminate your account, in its sole discretion for any reason, including violation of these Terms and Conditions. You are prohibited from attempting to circumvent and from violating the security of this Website by any means.
Information that CCS collects from you may include, but is not limited to, your name, email, address and postal code. You agree that CCS can contact you in order to manage interactions with CCS and to conduct surveys seeking feedback. Any surveys conducted would be used to improve CCS’s services and to determine your use and satisfaction with the information on the Website. While aggregate information about survey results may be publicized, individual data from surveys will not be shared with other organizations.
All account users can update or correct their personal information and opt-out of communications from CCS
4. Intellectual Property and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by CCS, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
CCS name and all related names, logos, product and service names, designs, images, and slogans are trademarks of CCS or its affiliates or licensors. You must not use such marks without the prior written permission of CCS. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium whatsoever without CCS’s consent except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed
- a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever
- one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by these Terms and Conditions
You are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at CCS’s option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by CCS. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
5. Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Website, to other users or other persons (collectively, “User Submissions”) and any and all chat services through the Website (“Interactive Functions”). Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall comply with the following standards (“Site Content Standards”) which require you to not:
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in CCS’s sole discretion.
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
- Involve, provide, or contribute any false, inaccurate, or misleading information.
- Impersonate or attempt to impersonate CCS, a CCS employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions without prior written consent from CCS, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by CCS, may harm CCS or users of the Website or expose them to liability.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by CCS or any other person or entity, if this is not the case.
6. User Submissions: Grant of Licence
The Website contains Interactive Functions allowing User Submissions on or through the Website.
None of the User Submissions you submit to the Website will be subject to any confidentiality by CCS. By providing any User Submission to the Website, you grant CCS and its licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to CCS and its licensees, successors, and assigns to the User Submissions in compliance with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not CCS are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. CCS is not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
7. Site Monitoring and Enforcement, Suspension and Termination
CCS has the right, without provision of notice to:
Remove or refuse to post on the Website any User Submissions for any or no reason in CCS’s sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in CCS’s sole discretion, including, without limitation, for violating the Website and User Submissions and Site Content Standards or Terms and Conditions.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, CCS had the right to fully cooperate with any law enforcement authorities or court order requesting or directing CCS to disclose the identity or other information of anyone posting any materials on or through the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS CCS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY CCS RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
CCS has no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. CCS cannot ensure prompt removal of objectionable material after it has been posted and CCS has no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
8. No Reliance
The content on the Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website. In particular, please visit CCS medical disclaimer at https://cancer.ca/en/medical-disclaimer.
Although CCS makes reasonable efforts to update the information on the Website, CCS makes no representations, warranties, or guarantees, whether express or implied, that the content on the Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither CCS nor its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of this Website.
10. Third-Party Websites
For your convenience, this Website may provide links or pointers to third-party sites. CCS makes no representations about any other websites that may be accessed from this Website. All statements and/or opinions expressed in any such third-party content, other than the content provided by CCS, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of CCS. If you choose to access any such sites, you do so at your own risk. CCS has no control over the contents of any such third-party sites and accepts no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
11. Online Purchases
CCS offers an online donation service which allows you to make a donation to CCS through the Website. You may also purchase products or services from CCS through the Website (“Products”). All orders and purchases made through the Website are subject to the following terms and conditions:
- You agree to and enter into a complete and binding contract with CCS. You are responsible for providing complete and accurate billing and contact information and for notifying CCS of any changes to such information.
- All prices listed on this Website are in Canadian dollars and all charges will be processed in Canadian dollars unless stated otherwise.
- While CCS takes great care to ensure its advertising is accurate, errors and/or inaccuracies may occur. CCS may correct errors or inaccuracies and change or update information on the Website at any time without notice, including in respect of prices and availability of Products.
- You may only purchase or order Products for non-commercial and lawful purposes and any other use is not permitted, unless you have received prior written consent from CCS.
- The online form you fill out at the time of purchase (“Order”) will specify the Products that you are purchasing from CCS.
- You must have the capacity to enter a binding sales contract before purchasing Products from the Website.
- If you purchase Products with a company credit card, you must be an authorized representative of the company.
- You agree to pay for all charges noted in your Order as payable by you.
- CCS reserves the right to limit the quantities of items which you, your family or any group can purchase, to reject, correct, cancel or refuse orders, and to determine accounts in its discretion including, without limitation, if CCS believes that a consumer’s conduct contravenes applicable law or is harmful to the interests of CCS or its representatives, agents, contractors, suppliers or licensees.
- CCS will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, CCS will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, CCS will notify you as soon as possible.
12. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER CCS NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER CCS NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE AND ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CCS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, CCS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
13. Limitation of Liability
You understand and agree that you use the Website and its services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL CCS NOR ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF CCS WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF CCS WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS WEBSITE OR SERVICES OR WITH CCS SHALL BE TO TERMINATE THE USE OF THIS SITE AND SERVICES.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CCS, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, third-party sites and any use of the Website’s content, services, and products not expressly authorized in these Terms and Conditions.
15. Governing Law and Choice of Forum
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of Ontario and/or the Federal Court of Canada, and yourself and CCS irrevocably submit to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
18. Entire Agreement
The Terms and Conditions and any linked terms incorporated herein by reference constitute the sole and entire agreement between you and CCS regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
19. Reporting and Contact Information
Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to CCS at email@example.com. Feedback, comments, requests for technical support, and other communications relating to the Website should also be directed to firstname.lastname@example.org.
Canadian Cancer Society
55 St. Clair Avenue West, Suite 500
Toronto Ontario M4V 2Y7