The Canadian Women’s Chamber of Commerce is a not-for-profit corporation registered in Canada under the Not-for-profit Corporations Act, and has its head office in Toronto, Ontario (in this Agreement, “we”, “us”, “CanWCC”, etc). By clicking “I Agree”, you are entering into a binding contract with us on the Agreement set out below (the “Agreement”). This Agreement sets out the Agreement of your membership in the CanWCC, as well as your use of our website (“Website”) and all written and other materials displayed or made available through the Website, including images, audio and video clips, computer software, and code, whether belonging to us or to a third party (the “Content”).
Ultimately, the rights and obligations of members are governed by the CanWCC Articles of Incorporation, as amended, and its bylaws. This Agreement clarifies and expands upon those documents, but in the event of any inconsistency between them, the Articles, then the bylaws, will take precedence over this Agreement.
We may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.
Membership & Chapters
When you submit your application for membership, it will be reviewed and processed by our systems automatically. Some applications may be selected at random to verify the information provided in the application, and we may request supporting information. We reserve the right to refuse membership to any applicant who does not verify or provide the information submitted, in which case a refund of fees will not be provided.
The CanWCC operates nationally, and is looking to establish a chapter in each Canadian Province and Territory. Each member may only be a member of one chapter at a time. Upon establishment of a chapter for your Province or Territory, you will be automatically assigned to the chapter which matches your billing address. Should you move, or wish to be part of a different chapter, you must notify us of your new location, and we will update your membership.
At any point, should you qualify to change membership classes, you may apply for the class you then qualify for, and once approved, your status will be updated in our records, and you will receive an email confirmation of the change of status. Memberships are non-transferrable.
Your membership is conditional on you abiding by our Member Code of Conduct & Ethics (the “Code”), which is incorporated by reference into this Agreement. We may revise the Code at any time by posting an updated version on our Website.
Membership Fees & Renewal
Current membership fees are posted on our Website. Membership with the CanWCC is based on payment of the annual fee for each annual period expiring 365 days after the initial payment date and any subsequent renewal date. A valid annual membership is a requirement for members participating in any membership benefit or partner programs (“Membership Programs”). We may update membership fees at any time upon 90 days’ notice posted on our Website.
You consent to the automatic renewal of my membership unless you provide written cancellation of your membership four weeks in advance of your annual renewal date. You agree to payment of any annual fee due on such renewal by way of the credit and billing information provided in your initial application. A failure to pay any annual renewal fee will result in termination of your membership, and right to participate in any Membership Programs. We will, as a courtesy provide annual renewal notices 30 and 10 days before any renewal date to the address listed in your contact information. We will also provide confirmation of payment of any renewal fee paid within 30 days of any renewal date.
You have a 30-day grace period after each renewal, during which you can cancel your membership and have your annual fee refunded in full.
Membership sign-up, payment, and renewal will be done through our member management software via our website, which includes a payment gateway owned and operated by a third party. We will not possess, nor have the ability to access your credit card or payment account information.
We may, at any point, request certain information to verify that you are in the correct class of members. Should your class of membership change part-way through any annual period for any reason, then your membership fees and renewal date will change as of the date of any such changes. You will pay the membership fees associated with your new class of membership on the date of the change, and your renewal date will also change to that date. You will be credited the pro-rated amount of fees already paid for the remainder of your annual period, and will be refunded the pro-rated amount of any overpayment.
Fees for Business Memberships are based on a sliding scale which is tied to business revenues. We may, at any point, request information to confirm that you have been charged the appropriate membership fees for that year. Should such information reveal an underpayment of fees, you will pay the difference in annual fees, plus an administrative fee of $40.00.
The qualifications for, and benefits associated with each class of membership are listed on our Website, which we may update at any time. As each chapter of CanWCC is responsible in large part for its own programming, the opportunities offered from chapter to chapter may vary. Membership is national in scope, however, and you may participate in programs or events hosted by any chapter of CanWCC.
Under our Articles of Incorporation, all paid memberships are non-voting, meaning that you will not have a right to receive notice of, attend, or vote at meetings of the voting members.
We are committed to protecting your privacy. CanWCC will, at all times, follow the requirements of all applicable Canadian privacy legislation.
We may collect, store, and use the following personal information in connection with your membership and for communications from us our members and suppliers, until you revoke such consent in writing: name, address, birth date, phone number, and email address.
We may collect, store, and use the following non-confidential business information in connection with Business or Allied Memberships: address, phone number, email, fax number, industry, business activities, description of business, special offers provided by business member, date of incorporation or registration, number of employees, and publicly available constating documents. This information will be viewable in the members’ area of our Website. This personal and business information will be viewable by other members, but will not be provided or made available to the general public. We may use your personal or business information to:
- administer our programs, including the management of your Website account;
- provide generalized marketing and demographic information to our partners, and prospective partners;
- communicate information, marketing, and offers to and from our partners and suppliers;
- understand and analyze members’ responses, needs, and preferences; and
- develop, enhance, market and/or provide products and services to meet those needs.
We will also collect the following confidential business information in connection with Business or Allied Memberships: for incorporated businesses, T2 (corporate tax) Schedules 1, 9, and 50, personal identification of the applicant, and management organizational chart or structure; for unincorporated businesses, T1 (personal tax), T2125 schedule (business/professional income), personal identification, business license (if applicable), management org chart or structure, and number of employees. This confidential personal and business information will be used only by us, and solely for the purposes of verifying that your business is indeed women-controlled, and that you are charged the appropriate membership fees. After we have verified this information, you may delete it through our members’ portal.
You will not disclose any of the personal and business information posted in the members’ area to third parties. In the event of accidental disclosure, you will notify us immediately, and undertake to assist us in preventing any use or disclosure of such information. You will be solely liable for any disclosure by you, whether deliberate or accidental.
You will notify us of any changes to your personal or business information within 30 days.
You consent to receiving an opt-in email, which will add you to our email distribution list. You consent to receiving email communication from us, and from our business and allied members which may promote products or services. You are encouraged to report any glitches or bugs, and suggest refinements to our systems that will help us to serve you better.
You will also have the option to sign up to receive direct communications from our business or allied members separate from, and an addition to those you receive through us. If you opt to terminate your membership, your direct participation in those outside communications may not be affected.
All communications you send to other members are subject to Canada’s anti-spam legislation, and each member is responsible to ensure its own compliance with those laws. We assume no liability whatsoever for member-to-member communications.
Disclaimer of warranties
Your access and use of the Website and the Content is entirely at your own risk. The Website and the Content are provided “AS IS” and “AS AVAILABLE.” While we endeavour to provide information that is correct, accurate, current, and timely, we make no representations, warranties or covenants, express or implied, about the Website and the Content except as expressly stated in this Agreement, including that:
- the Content or any items made available for sale through the Website will be of merchantable quality or fit for a particular purpose;
- the Website or Content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose;
- the operation of the Website will be uninterrupted or error-free;
- defects or errors in the Website or the Content, be it human or computer errors, will be corrected;
- the Website will be free from viruses or harmful components; and
- communications to or from the Website will be secure or not intercepted.
Limitation of Liability
Neither we, our affiliates nor any of our or their respective officers or directors have any responsibility or liability for any expense, loss, cost, injury, damage, delay, cancellation, accident or any other matter or thing whatsoever (collectively, “Costs”), however suffered or caused (including compensatory, incidental, indirect, special, punitive, consequential or exemplary damages or damages for loss of income or profits), directly or indirectly arising out of or related to:
- Membership Programs, or your participation in our events and activities;
- any failure, delay or decision by us in administering our organization, amending this Agreement, or terminating our programming;
- unauthorized use of your account or password;
- the acts, omissions, or conduct of any third-party; and
- any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any Website linked to or from the Website,
- any change made to our programming, including any offers made through it; or
- any direct relationship you may have established, or use of any goods or services of, our partners.
This applies even if we or our representatives are advised of the possibility of such Costs.
Our aggregate liability, including that of our officers, directors, employees, agents, licensors and their respective successors and assigns is limited to direct damages up to a maximum of the amount of your most recent year’s membership fees.
You agree to indemnify, defend, and hold harmless CanWCC, including its officers, directors, employees, agents, licensors, and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and disbursements, resulting directly or indirectly from
- your breach of any of the terms and conditions of this Agreement;
- your access to, use or misuse of, reliance upon, or inability to access or use the Website, the Content, or any website to which the Website is or may be linked to from time to time or;
- your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything (including the Content) on or from the Website.
All copyright material, trade names and marks and other proprietary information, including text, software, and other media related to or delivered through our programming is protected by copyright law, registered and unregistered trademarks, database rights, and other intellectual property rights (“Intellectual Property”). CanWCC, its licensors, or authorised contributors own the Intellectual Property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the Intellectual Property, in whole or in part unless expressly authorized by us.
Except as granted in the limited licence below, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, in whole or in part, is prohibited without the prior express written consent of CanWCC.
While certain trademarks of third parties may be used by CanWCC under licence, the display of third-party trademarks on the Website should not be taken to imply any relationship or licence between CanWCC and CanWCC of the trademark or to imply that CanWCC endorses the wares, services, or business of CanWCC of the trademark owner.
Subject to the terms and conditions of this Agreement, you are granted a limited, non-transferable, and non-exclusive licence to access, view, and use the Website and the Content. You are granted the right to download, store, or print single copies of items comprising the Content for your use, provided that you maintain all copyright and other notices contained in the Content. You may not copy or repost the Content online without the prior written permission of CanWCC of that Intellectual Property. You must also abide by any additional requirements governing the use of any specific Content that may be set out in the Website. In the event of a conflict between the terms of a licence governing specific Content and this Agreement, the terms of the specific licence will govern.
We may grant you a license to display some our Intellectual Property such as our logos and business name to show your company is actively making efforts to invest in diversity and women-owned businesses. Any such license will be non-exclusive, worldwide, royalty-free, revocable, non-transferable, non-sub-licensable, and conditional upon your continued membership in good standing with CanWCC.
Software licence and ownership
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (“Software”) is protected by copyright and may be protected by other rights. All such Software is owned by the Owner, its licensors, or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement; and (ii) any additional conditions which may be imposed on your access and use of such Software.
If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject to the terms of this Agreement and to any other specific terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive licence to (i) install and run one copy of the Software in object code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run, and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not (i) use, reproduce, modify, adapt, translate, upload, download, or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer, or otherwise provide access to the Software; (iii) alter, remove, or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract, or reverse engineer the Software or assist others in doing so.
Other than the limited licence granted herein, nothing contained in the Website will be construed as granting you any right, title, interest, or other licence in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into the Website is provided “as is,” without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality and/or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software will process date and time-related data without causing any processing interruptions, abnormal termination, or process or manipulate any time-related data.
The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by CanWCC of any third-party website or its content. Unless expressly stated, CanWCC does not operate any third-party website linked to the Website and is not responsible for their content. CanWCC makes no representation, warranty, or covenant of any kind regarding any third-party Website including that any representation, warranty, or covenant regarding:
- the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites;
- the merchantability or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites; or
- the operation of third-party websites will be uninterrupted or error free, that defects or errors in such third-party Websites will be corrected, or that third-party websites will be free from viruses or other harmful components.
While CanWCC encourages links to the Website, it does not wish to be linked to or from any third-party website which contains, posts, or transmits any unlawful or indecent information of any kind, including:
- any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, Provincial, territorial, federal, or international law or regulation which may be damaging or detrimental to the activities, operations, credibility, or integrity of CanWCC; or
- any website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights.
CanWCC reserves the right to prohibit or refuse to accept any link to the Website. You agree to remove any link you may have to the Website upon the request of CanWCC.
As a member of CanWCC, you may have the opportunity to provide articles, blog posts, or other content for our website, newsletters, or other member communications (“Submissions”). CanWCC does not control the content of any Submissions and has no obligation to monitor the Submissions. However, CanWCC reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to post, or refuse to remove any Submission, in whole or in part, that, in CanWCC’s sole discretion, are objectionable or in violation of this Agreement.
You acknowledge that you alone are responsible for the content of your Submissions and the consequences thereof.
Grant of licence regarding Submissions
By posting or uploading Submissions to the Website, you grant CanWCC a royalty-free, perpetual, non- exclusive, irrevocable, unrestricted, worldwide licence to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform, or display such Submissions for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above licence, you hereby (i) waive all moral rights in your Submission in favour of CanWCC; (ii) consent to your name, address, and e-mail appearing as the contributor of your submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission; (iii) acknowledge and agree that CanWCC is not responsible for any loss, damage, or corruption that may occur to your Submission; and (iv) acknowledge and agree that your Submission will be non-confidential.
Termination, Changes and Breach
You may terminate your membership at any point by following the opt-out link in our email communication, or cancelling your account through our Website, if available. We may terminate your membership at any time for breach of this Agreement, our Articles or Bylaws, anti-spam legislation, or our operational policies without notice. Except for the 30 day grace period following renewal, membership fees are non-refundable in the event of any early termination.
The Intellectual Property, Privacy, Limitation of Liability, and General terms of this Agreement, along with any representations and warranties will survive any termination for two years afterwards.
Alternative Dispute Resolution
All disputes arising from or related to this Agreement, including validity, existence, binding effect, interpretation, performance, breach or termination, and tort claims, or in respect of any legal relationship associated with or derived from those documents will be finally resolved by:
- Good faith negotiation, facilitated if necessary by a neutral third party mediator as agreed upon by the parties.
- If the parties are unable to negotiate a resolution, the dispute will be referred to binding arbitration pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. [the Simplified Arbitration Rules of the ADR Institute of Canada, Inc.].
- The place of the arbitration will be in Toronto, Ontario, and may be participated in by either party remotely via electronic means such as telephone or video conference.
- The language of the arbitration will be English.
- Arbitration will be conducted by a single arbitrator. If the parties are unable to agree on an arbitrator, each party to the dispute may appoint one arbitrator, and those arbitrators are to choose one additional arbitrator before the arbitration commences.
- All filing fees will be paid for by the party which files the notice of arbitration. Each party will be responsible to pay its own costs, including legal fees, unless otherwise ordered by the arbitrator or arbitrators.
- The award rendered by the arbitrator or arbitrators will be final, and will not be appealed on any grounds.
This Agreement, and the documents it incorporates by reference, constitute the entire agreement between you and us on the subject matter. Except as expressly contained in these Agreement, there are no conditions, representations, warranties, express or implied, statutory or otherwise.
When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications.
This Agreement is governed by the laws of the Province of Ontario, and the laws of Canada as applicable therein.
If any provision of this Agreement is found to be invalid or unenforceable, such provision will not affect the validity and enforceability of the remaining terms and conditions.
Any consent by CanWCC to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, is not a consent to, or waiver of any other, different or subsequent breach.
The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision or covenant contained herein. Any such invalid provision or covenant will be deemed severable from the rest of this Agreement.
Questions or comments regarding this Agreement should be directed by email to firstname.lastname@example.org All materials and any notices from us will be sent to your address as in our records; please notify us if your address changes.