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VVELD Inc. © 2017
Contract for Site Use and Personal Information Management, VVELD.com (VVELD)
VVELD.com collects personal information through its website.
All personal information provided will be collected, protected, disclosed and retained in compliance with British Columbia’s Freedom of Information and Protection of Privacy Act (R.S.B.C. 1996, c. 165)
Display Advertising and Remarketing with Google
TheVVELD.com website uses Display Advertising and Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, show our ads on sites across the Internet. VVELD.com and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone’s past visits to our website. Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.
Section 1 – The Site and the Parties
(a) For the purposes of this Contract, the Site is that found at VVELD.com and sites linked to that site and also operated by the Site Operators. The Site does not include third party sites.
(b) The Parties to this Contract are the Site Operator, VVELD.com, companies incorporated and carrying on business at Vancouver, British Columbia, Canada and the Site User (the “User”) accessing or using the site.
Section 2 – Third Party Sites
(a) If this Site provides direction or links to third parties or their sites or products, the direction or links are provided for the User’s convenience only and do not constitute an endorsement, referral or approval of or representations, warranties or recommendations in favor of those parties, sites or products.
(b) The Site Operators take no responsibility for and have no liability in relation to third parties or their sites, products or services. The Site Operators are not responsible for the content of third party sites or for any other matters relating to third party sites which are solely governed by the third party site’s terms and conditions. The User accesses third party sites at their own risk. The Site Operators have no control over third party sites.
Section 3 – Products, Materials, Content, Information, Charges
(a) Except as otherwise agreed or through subsequent and separate transaction contracts between the Parties, the products, materials, content and information made available to the User by the Site Operators on the Site do not constitute any form of advice for which the Site Operators take any form of responsibility and they are made available and provided free of charge.
(b) Unless otherwise described, the information on the Site is: not an advertisement or solicitation; not a source of advice; not an invitation to purchase or an offering of any specific services.
(c) The Site User will contact third parties or the Site Operators and enter into subsequent and separate commercial transactions if they require related products that are targeted at and suited for specific facts, needs and circumstances.
(d) The User will evaluate and bear all risks associated with the use of any products, materials, content and information made available or provided by the Site Operators to the User on the Site including any risks associated with reliance on the availability, accuracy, currency, authenticity, completeness, usefulness, adequacy for particular purposes or appropriateness of Site contents.
(e) The Site Operators provide and make available the Site as a public resource on an as is basis and make no claims, promises, guarantees, representations or warranties about the accuracy, currency, authenticity, completeness, or adequacy for particular purposes of the Site’s products, materials, content and information.
(f) The Site Operators are in no way liable or responsible to the User or any person for any harm, loss or damage that may arise in connection with the use of this Site, including, without limitation, liability or responsibility for any direct, indirect, special, third party, or consequential damages resulting from any technical failure or other error or omission.
(g) The Site Operator provides separate and distinct products as noted and described on this Site.
(h) The Site User will not rely or act on the information provided on the Site and it they do the Site Operators are not responsible for the Site User’s action unless they enter a service contract with and receive services from the Site Operator.
(j) Unless otherwise agreed and subject to commercial transaction contracts that are subsequent to and separate from this Site Use Contract, the Site Operators do not charge and the User is not required to pay any fee or charge to access and use the Site.
Section 4 – Transactions and Trades Entered Into On Site
(a) If the Site Operators and Site User intend to enter into commercial transactions and related and legally binding contracts that are facilitated by the Site that transaction contract will be subsequent to and separate from this Site Use Agreement and the subsequent and separate transaction contract will describe the product being provided, applicable fees and charges paid for the product, the rights and obligations of the Parties and related limitations regarding the specific transaction and, if applicable, how transfers of ownership rights and possession will take place.
Section 5 – Cancellations, Returns and Exchanges
(a) Subject to terms agreed to when the above-noted specific transaction contracts are entered into subsequent to and separate from this Site Use Contract there will be no sale or purchase of products under this Site Use Contract and no related cancellations, returns, refunds or exchanges regarding specific products or Site contents and materials.
h(b) Notwithstanding this section, if any subsequent and separate transaction contract is entered into by the Site Operators and the User through the facility of the Site and no provision is made in that later Contract for cancellations, returns, refunds or exchanges regarding specific products then refunds will be provided in accordance with applicable laws or as the Site Operator deems appropriate.
(c) Products purchased through a transaction facilitated by this Site will be subject to the cancellation, return or exchange provisions that apply to the specific purchase and that are brought to the User’s attention at the time of sale and those provisions are part of the subsequent and separate transaction contract. Any such provision will be subject to standards set by legislation that applies to the transaction.
Section 6 – Site Restrictions, Permitted Users and Uses, Security and Termination
(a) Except as otherwise agreed or provided for, this Site is provided and made available to all Users without geographical, jurisdictional, demographic or other restrictions. Subsequent and separate transaction contracts may impose similar constraints for the purposes of ensuring that the Site Operators are compliant with applicable laws that restrict how or where services may be provided.
(b) The User will use the Site for purposes that are lawful and expressly permitted by this Site Use Contract. Except where otherwise restricted, the User may download, print or view individual pages for noncommercial use only.
(c) Users of any age may access and use this site, but specified persons may be constrained from entering specific parts of the Site or specific transaction contracts facilitated by the Site.
(d) Users accessing and using the Site will not be required to identify themselves if their use of the Site is confined to accessing and using information that is available to all persons, but Users that attempt to enter transaction contracts that are subject to restrictions must identify themselves and provide the personal information requested before they will be allowed to enter the transaction contract.
(e) Where access or transaction contract restrictions exist, the User will be assigned or reassigned, at the Site Operators’ sole discretion, usernames and passwords that allow access to restricted areas of the Site or restricted transaction contracts and the User will comply with these and other security requirements and instructions provided by the Site Operators.
(f) Subject to the authorized user provisions of this Contract, the access granted to the User under this Contract is personal to the User and non-transferable and permits only the User to access the Site.
(g) The User will keep all username and password information confidential and will not disclose that information to any other person unless that other person is an authorized representative of the User that acts on behalf of and for the User.
(h) The Site Operators reserve the right to monitor username and password use and to de-activate them where the Site Operators deem there has been improper use by the User of the passwords, usernames and Site. The User will be responsible for any unauthorized use or disclosure of any passwords or usernames by its authorized representatives.
(i) The Site Operator provides no security guarantees to the User other than those provided to ensure the protection of the User’s personal information if it is provided to the Site Operators by the User or any person authorized by the User.
(j) The Site Operator may at their sole discretion and at any time and without notice to any person: change or terminate the Site or any product offered through the Site; temporarily or permanently deny access to any User for any reason or purpose and whether or not the User has breached this Contract; stipulate that specific provisions may survive the termination; vary or suspend the provision of products in the event of a breach of this Contract by the User even if the breach is curable or where the breach only goes to part of the business transaction that is not fundamental in nature.
Section 7 – Privacy and Personal Information
a) The Site Operators will collect, use and disclose the User’s personal information in accordance with the identified purposes for the collection, use and disclosure stated to the User below and that the User consents to below and the Site Operator will comply with applicable laws governing personal information and the provisions that are available on this Site and incorporated into this Contract by this reference. In consideration of their access to and use of the site the User will provide true, accurate, current and complete information when it is requested.
b) Personal information may be collected, used or disseminated for the purposes of marketing, serving clients or prospective clients and providing media, information and education products and programs and by using this site and accepting this contract through your use you consent to these purposes.
c) We will comply with all laws that govern the collection, use and disclosure of personal information. This agreement does not deal with matters regarding or compliance with laws that govern other aspects of personal privacy or the collection, management, use and confidentiality of corporate and other information.
d) To ensure we act in compliance with these personal information protection laws we adhere to the principles listed in the sections immediately below.
e) We are accountable for the information we control.
f) Collections, uses and disclosures of information are reasonable and in accordance with all applicable laws.
g) The purposes for the collection are identified and collections limited to what is necessary for these purposes.
h) Subject individuals are made aware of the identified purposes and must give their informed consent to the collection, use or disclosure – unless exceptions apply.
i) Information is kept accurate, up-to-date and secured.
j) Compliance systems are open to scrutiny and challenge.
k) Upon request individuals are informed of the existence, use or disclosure of their personal information and given access to it.
l) We only collect, use or disclose personal information for purposes that a reasonable person would consider to be appropriate in the circumstances. Obtaining consent would not be sufficient to justify or legally authorize the collection, use or disclosure if it is not reasonable or appropriate in the circumstances.
m) We will not obtain consent through any form of deception.
n) The form of consent provided may vary depending on the information involved. Clear and express consent will be given when the information is more sensitive in terms of privacy interests and impacts.
o) Exceptions to consent rules will vary depending on the specific collection, use or disclosures involved and may relate to: legal matters; medical, security or other emergencies; the detection, investigation and prevention of illegal actions; public domain information; or journalistic, artistic, literary, archival or scholarly research purposes.
p) For further information on exceptions ask to see our detailed policies and procedures or governing legislation.
q) We have compliance systems in place that include compliance officers, policies and procedures and training and review programs.
r) If it is necessary for us to collect information from or disclose information to third parties – through third party agreements and other means – the party receiving or providing the information will be required by us to satisfy the same rigorous requirements as we do and to be in compliance with all applicable laws.
Section 8 – Confidential Information
(a) Information generally available on the Site will not be considered by the Site Operators to be confidential and information in parts of the Site where access is restricted may be confidential if it is so designated.
(b) If the Site Operators authorize the user to access, possess and use its Confidential Information that authorization will: extend only to uses associated with this Contract or attached to the specific authorization; not constitute a grant or license of rights, title or interest; and not be assignable or transferable.
(c) The user will: as authorized, access and use the information in strict confidence and trust for the benefit of the Institution; not reproduce or reverse engineer the information; not use the information to employ or solicit the Institution’s workers or develop new products; not disclose the information to others; upon termination of this Contract, immediately return or surrender access to the information; and notify the Institution of any loss or unauthorized use or disclosure of the information.
Section 9 – Intellectual Property
(a) The copyright, trademark, design or other intellectual property rights in any works including text or photographic works, software, images, illustrations, the Site’s HTML code, interfaces, charts, graphics, graphs, multi-media materials, selection and organization of materials, curricula, instructional materials, content or similar materials displayed, transmitted or provided on the Site (collectively the “materials”) are owned by the Site Operators or their licensors and no ownership passes to the User.
(b) The Site Operators grant to the User a limited, non-transferable and non-exclusive license to use this property for non-commercial use and the user may not: sell or sub-license the property; create derivative works; copy or otherwise reproduce, adapt, modify, publish, make public, transmit, distribute, publish, display, perform, translate, reverse engineer, repost, archive, decompile or disassemble the materials; remove or cause the materials to be removed from the Site; permit third parties to engage in similar prohibited activities; or in any way exploit or infringe on the Institution’s rights.
(c) The User will not post or submit materials or content to the Site that: violates or infringes upon the property, publicity, privacy or other rights of third parties; is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or objectionable; encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or contains advertising or solicitations. If the User posts or submits materials or content to the site, the Site Operators may at their sole discretion, refuse, move, remove, use, reproduce, display, perform, adapt, modify, edit, monitor, distribute and promote the materials or content. The User will be solely responsible for their posts or submissions.
(d) If participants provide information to be hosted on the Site they grant the Site Operators a non-exclusive and irrevocable license to use the information for research and other reasonable and related uses. Those uses will include making the information available to other users. Provisions in this Agreement governing third party materials will apply. The Site Operators will make all final decisions about what materials are posted.
Section 10 – Choice of Law and Venue
(a) Unless the Parties otherwise agree, this Agreement and all disputes or matters arising from it will be governed by and construed and interpreted in accordance with the applicable laws of British Columbia and Canada.
(b) Unless the Parties otherwise agree, the exclusive venue for any actions or claims arising under or related to this Contract will be in the courts of the same jurisdiction identified and described in this section.
Section 11 – Acceptance and Amendment
(a) The Site Operators and User will be bound by this Contract when the Site Operators place it on the Site and the User indicates their acceptance of the Contract with any specific action of acceptance. The User’s acceptance will be deemed to exist when the User uses or continues to use the Site. The Site Operators may change the Site at any time without notice to or the approval of the User or any person. The User agrees to review the Site from time to time so they are kept informed of Site changes and they are deemed to be advised of these changes