These terms and conditions, together with any documents or additional terms they expressly incorporate by reference (the “Agreement” or “Terms of Use”), including the privacy policy below (the “Privacy Policy”), set out the terms and conditions governing access to and use of the website of Kinship Corporation (“Kinship”, “we”, “our” or “us”) located at www.kinship.ca (the “Website”), including all content, information, statements, opinions, materials, data, images, service marks, designs, logos, text, works, audio files, computer code and web pages contained in or accessible through it (the “Content”). The Website may also contain Content provided by affiliates of Kinship.
- ACCEPTANCE OF TERMS OF USE
These Terms of Use, including the Privacy Policy, constitute a legal agreement between users of this Website (“Users” or “you”) and Kinship. By viewing, accessing, downloading, experiencing or otherwise using this Website or its Content, you acknowledge, represent and warrant that: (i) you have read through and understand these Terms of Use, including the Privacy Policy; (ii) you are of the legal age of majority under applicable law to form a binding contract with Kinship and meet all of the foregoing eligibility requirements; and (iii) you accept and agree to be bound by these Terms of Use, including the Privacy Policy. If you do not accept these Terms of Use or the Privacy Policy, you must not access or use this Website. - ADVICE
This Website, including its Content, is provided for informational purposes only. This Website, including its Content, should not form the basis of, or be relied on in connection with, or act as an inducement to enter into, any contract or commitment whatsoever.This Website, including its Content, should not be construed as research, investment, legal, accounting, tax or other professional advice and does not constitute an implied or express recommendation.Kinship is subject to the laws of various jurisdictions. Information disclosed or provided by Kinship pursuant to the laws of those jurisdictions is not intended to be in any way qualified, amended, modified or supplemented by the Content contained or accessible through this Website. Kinship does not assume any duty of disclosure beyond that which is required by applicable law.
- CONTENT
The Content contained on this Website is presented as of the date hereof and may be superseded by subsequent events. The Content may contain typographical errors, inaccuracies or omissions. Kinship reserves the right in its sole discretion to correct any errors, inaccuracies, or omissions and to change or update the Website or its Content at any time, without prior notice. Kinship has no responsibility or obligation to review, update, change or clarify the Content or any portion thereof except as required by applicable law. - THIRD PARTY LINKS AND CONTENT
This Website may contain links and references to third party websites not under the control or operation of Kinship (including links to account login pages and any links to our accounts on social media and music or audio streaming platforms) (“Third Party Links”) as well as Content of third parties not belonging to or originating from Kinship (“Third-Party Content”).Kinship does not control, endorse, sponsor or recommend and has no responsibility or obligation with respect to the Third Party Links (including the Content contained therein) or the Third Party Content. Kinship does not make any warranties, representations, guarantees or claims as to the accuracy, currency, reliability, timeliness or completeness of the Third Party Links (including the Content contained therein) or the Third Party Content. Any access to and use of the Third Party Links or the Third Party Content is at your own risk. You are subject to any terms and conditions and privacy policies of third party websites accessed through the Third Party Links.Section 8 (Disclaimers), section 9 (Limitation of Liability), and section 10 (Indemnity) of these Terms of Use apply, with all necessary modifications, to your access to and use of the Third Party Links (including the Content contained therein) and the Third Party Content.
- LICENSE
This Website and its Content (including, without limitation, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content) are owned solely and exclusively by Kinship and/or third parties and are protected by copyright, trademark or other intellectual property or proprietary laws.Kinship grants you a limited, non-exclusive, non-transferable, non-sub-licensable and revocable right and license to access, view, download, print and use the Content contained on this Website; provided that you: (i) use such Content for your personal, non-commercial and informational use; (ii) do not modify or alter such Content; (iii) do not remove any copyright or other proprietary notice language contained on such Content; and (iv) do not make any additional representations or warranties with respect to such Content.Except for the limited licenses and rights expressly granted to you in these Terms of Use, Kinship does not grant you any other right or license, whether express, or implied, by estoppel, or otherwise in or under any copyright, trademark or other intellectual property or proprietary right of Kinship or any third party.
- RESTRICTIONS ON USE
You agree to use this Website and its Content: (i) for your personal, non-commercial and informational use only and in a manner permitted by these Terms of Use; and (ii) for lawful purposes only and in a manner consistent with all applicable laws and regulations, including intellectual property, privacy and anti-spam laws. You agree and confirm that your use of this Website and its Content is in full compliance with the laws of the jurisdiction(s) to which you are subject, that you are not prohibited from using the Website due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary.You agree that you will not:- Use the Website or its Content for any commercial, solicitation or unlawful purpose;
- Use any “deep-link”, “page-scrape”, “robot”, “spider” or any other automatic or automated device or software to access, monitor, extract, retrieve, crawl, scrape or index any portion of the Website or its Content for any purpose;
- Use the Website to harvest e-mail addresses, send spam or otherwise breach these Terms of Use or the Privacy Policy;
- Gain or attempt to gain unauthorized access to any portion or feature of the Website or its Content, including, without limitation, by hacking, password “mining” or any other illegitimate means;
- Disclose, sublicense, market, sell, reproduce, copy, duplicate, distribute, redistribute, publish, republish, upload, post or modify any portion of, or access to, the Website or its Content, except as permitted by these Terms of Use (including section 5 (Licence)) and by applicable law;
- Introduce or transmit any viruses, trojan horses, worms or other malicious, destructive, disruptive, contaminating or technologically harmful components;
- Take any action or attempt to take any action to disable, circumvent, test, tamper or otherwise breach any security, authentication or access control measures and related processes or procedures established with respect to the Website or its Content;
- Take any action or attempt to take any action to disrupt, interfere or restrict the proper functionality, integrity, operation, performance or security of the Website or related systems or networks or to shut down, overload or overwhelm the Website or related systems or networks;
- Submit, post or transmit inappropriate or unlawful content or data to or through the Website, including, without limitation, content or data that: (a) violates or infringes any third party rights; (b) is false, harassing, hateful, illegal, profane, obscene, defamatory, threatening or discriminatory; (c) advocates, promotes or encourages inappropriate activity, conduct that would be considered a criminal offence or conduct that would give rise to civil liability or violate any legal rights (including the rights of publicity and privacy of others) or applicable law; or (d) constitutes unsolicited or unauthorized advertising or promotional material, including, without limitation, junk mail, spam and chain letters; or
- Authorize, assist, encourage or enable any other person to do any of the foregoing or to use the Website or its Content in a manner that would infringe the rights of Kinship or any other person or that would breach these Terms of Use if it were done by the User.
- SUSPENSION OR TERMINATION OF USE
Kinship reserves the right in its sole discretion to change, discontinue, modify, restrict, suspend or terminate (in whole or in part) your access to and use of this Website or its Content at any time for any reason whatsoever and without prior notice. The rights granted to you herein terminate immediately if: (i) you breach (or we reasonably believe you have breached) of any provision of these Terms of Use; (ii) required by applicable law; or (iii) we discontinue the provision of the Website to the public generally. - DISCLAIMERS
Your use of this Website and its Content is at your own risk. This Website is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Kinship and its subsidiaries, affiliates, officers, directors, employees, contractors, agents, representatives, business partners, vendors, clients, licensors, licensees, suppliers, service providers, successors, assigns, advisors and all other related, associated or connected persons (together, the “Kinship Parties”) expressly disclaim all warranties, whether express or implied, including, without limitation, any representations, warranties or conditions as to title, quiet enjoyment, merchantability, non-infringement, fitness for a particular purpose, uninterrupted or error free operation, security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness or continued availability with respect to: (i) this Website; (ii) the Content contained in or accessible through this Website; (iii) the use of this Website or the Content contained in or accessible through this Website; and (iv) the results of the use of this Website or of the Content contained in or accessible through this Website.Without limiting the generality of the foregoing, and to the maximum extent permitted by applicable law, the Kinship Parties make no representation, warranty, condition or guarantee that: (i) this Website or its Content will be compatible with your computer and related equipment and software; or (ii) this Website or its Content will be free of viruses, trojan horses, worms or other malicious, destructive, disruptive, contaminating or technologically harmful components. - LIMITATION OF LIABILITY
Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by applicable law, in no event shall the Kinship Parties be liable to any User or any other person, regardless of the theory of liability (including contract, tort, negligence, strict liability or otherwise), for any loss or damage, including direct, indirect, incidental, consequential, special, moral, punitive or exemplary loss or damage (including, without limitation, loss of income, profits, revenue or goodwill; costs of servicing, repair or correction to any computer or related equipment or software; damages arising from data or security breaches; and mechanical, electronic or communications failure) arising from, connected with, or relating to: (i) this Website; (ii) the Content contained in or accessible through this Website; (iii) the use of, or reliance on, this Website or the Content contained in or accessible through this Website; (iv) this Agreement or the subject matter of this Agreement; or (v) the suspension or termination of this Agreement or your access to or use of this Website or its Content.In no event shall the Kinship Parties be liable for a delay or failure in performance of its obligations under this Agreement caused by reason of any occurrence of unforeseen events beyond the Kinship Parties’ reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. - INDEMNITY
Notwithstanding any other provision of this Agreement, and to the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Kinship Parties from and against any claims, actions, demands, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including, without limitation, legal fees and expenses) incurred by the Kinship Parties in connection with any claim or demand arising from, connected with, or relating to your: (i) access to or use of this Website, the Content contained in or accessible through this Website; (ii) breach of these Terms of Use, including the Privacy Policy; or (iii) breach of any applicable laws or regulations or third party rights. You will assist and cooperate as fully as reasonably required by the Kinship Parties in the defense of any such claim or demand. - MODIFICATIONS
Kinship reserves the right in its sole discretion to make changes or modifications to these Terms of Use, including the Privacy Policy, at any time without prior notice. Any and all such modifications are effective immediately upon posting. It is your responsibility to periodically review these Terms of Use, including the Privacy Policy, in order to be aware of any such modifications. You will be subject to, and will be deemed to have been made aware of and to have accepted, any and all such modifications by your continued use of the Website after the date such revised Terms of Use or Privacy Policy, as applicable, are posted. - TERMINATION
Kinship may terminate these Terms of Use if you breach (or we reasonably believe you have breached) any provision of these Terms of Use. To the maximum extent permitted by applicable law, section 8 (Disclaimers), section 9 (Limitation of Liability), section 10 (Indemnity) and this section 12 (Termination) shall survive any termination of these Terms of Use or any suspension or termination pursuant to section 7 (Suspension or Termination of Use). - SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of this Agreement, 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 this Agreement shall be valid and enforceable to the extent permitted by applicable law. - WAIVER
No delay or omission by Kinship to exercise any right or power it has under this Agreement 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 Kinship must be in writing and signed by an authorized representative of Kinship. - GOVERNING LAW
This Agreement and your access to and use of this Website are governed solely by the laws of the province of Ontario and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Kinship and you or any other person arising from, connected with or relating to the Website or this Agreement must be resolved before the courts of Ontario sitting in the city of Toronto, Ontario, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those courts in respect of any such dispute. - ENTIRE AGREEMENT
This Agreement, including the Privacy Policy and any documents or additional terms referenced herein, constitutes the entire agreement between Kinship and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between Kinship and you with respect to such matters. - ASSIGNMENT
This Agreement is not assignable, transferable or sublicensable by you except with Kinship’s prior written consent. Kinship may assign, transfer, or delegate any of its rights and obligations under this Agreement at any time without your consent. - CONTACT US
If you have any questions, concerns or complaints regarding these Terms of Use, including the Privacy Policy, please contact Kinship by e-mail at [email protected] - ENGLISH LANGUAGEYou agree that these Terms of Use any correspondence in connection therewith will be drawn up in English only. Vous convenez que ces Conditions d’utilisation et toute correspondance connexe seront rédigés en anglais seulement.
