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Terms & Conditions


Rainbow of Hope Terms & Conditions


Use of the Website


Th
e following Terms & Conditions Agreement is made between Rainbow of Hope Inc., and You. This Agreement contains the terms and conditions that govern your use of the website found at http:/www.rainbowofhopecanada.ca (the "Site"). By accessing the website, you warrant and represent to Rainbow of Hope, that you are legally entitled to do so and to make use of information made available via the website.

Acceptance of terms through Use

You signify that you have read, understand and agree to be bound by this Agreement whether you are simply browsing the Site or using it as a Registered User (collectively, “Users”). This Agreement also incorporates, and by accessing the Site you are agreeing to be bound by, the privacy policy found at www.rainbowofhooecanada.ca and all other notices, statements, or the like posted on the Site (collectively, the "Policies"). 

You should review the Policies frequently and carefully.  In the event of any conflict between this Agreement and the Policies, this Agreement controls. By using the Site you are consenting to have your personal data transferred to and processed in Canada.

Definitions Used Within Terms of Use Agreement

As used in this Agreement:

“Person” may be used to describe any individual, corporation, company, partnership, association or other group, whether or not organized as a legal entity, and their legal successors and representatives. 

“User” may be used to describe any Person who visits, browses or uses the Site in any manner. The term “User” includes, but is not limited to, Registered Users.

“Registered User” May be used to describe any User who creates an account.

“Materials” means, without limitation: advertisements, pictures, graphics, photographs, trademarks, logos, text, comments, videos and other audiovisual work, sound recordings, musical compositions, lyrics, product designs, and all other works and intellectual property of any type or kind appearing on the Site.

Accounts/ Account Information

You agree to provide true, accurate, current and complete information about yourself as prompted by the login and registration processes (such information being your "Account Information"). You agree that, in providing your Account Information, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Account Information, or otherwise advise us in writing of any such changes or updates. You consent and authorize us to verify your Account Information.

As a Registered User, you will create a unique username (your e-mail address) and password in connection with your account (collectively, your "Username"). You are solely and entirely responsible for maintaining the confidentiality of your Username and password for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so.
Rainbow of Hope is not liable for any harm caused by or related to the theft of your Username, and password, the disclosure of your Username, or your authorization to allow any other Person to use your Username. You are solely and entirely responsible for all activities that occur under your account, including but not limited to charges incurred. You agree to notify us immediately of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of data transmitted while using the Site cannot be guaranteed.

Rainbow of Hope may disable access to your account for a reasonable period of time to investigate any good faith suspicion we may have regarding activities occurring under your account that may be in violation of this Agreement and/or applicable law. You acknowledge that Rainbow of Hope may do this without notice.

You agree to abide by all provisions of this Agreement and Policies, and to provide us with accurate Account Information. Your failure to update your Account Information and/or your failure to respond to inquiries from Rainbow of Hope, should they occur, concerning the accuracy of your Account Information shall be considered a material breach of this Agreement.

E-mails and other Notifications

You agree that a Rainbow of Hope representative may contact you and/or provide any notices, statements and other communications to you through the e-mail address specified in your Account Information. We may also at our sole discretion, send communications by mail, express delivery service, facsimile or other electronic communication sent to the respective addresses you have specified.

License and Site Access

Contingent upon your compliance with all the terms and conditions of this Agreement, Rainbow of Hope permits you to make use of the Site on a single computer, subject to the following conditions:

1. You do not, and do not allow any third party to, copy, modify, create a derivative work from, or attempt to transfer any right in the Site.

2. Other than Materials that are expressly offered on the Site for public use and download, You do not download (other than page caching), reproduce, reverse engineer, decompile, disassemble or modify the Site or any portion of it, without Rainbow of Hope’s express written consent.
 
3. You do not download (other than page caching), modify or exercise any other right to any Materials you do not exclusively own, without a written license from the owner(s) of such Materials.

4. You agree that any information or material that is submitted to Rainbow of Hope for use on the Rainbow of Hope site or otherwise including but not limited to information, stories, pictures etc. become the property and right of Rainbow of Hope Inc.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions") you may provide to Rainbow of Hope are non-confidential and become the sole property of Rainbow of Hope. You hereby assign to Rainbow of Hope all exclusive rights, including all intellectual property rights, to Submissions and Rainbow of Hope shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without notice, attribution or compensation to you.
 
 
5. Except as otherwise specifically permitted herein, this license expressly excludes any resale or commercial use of the Site or its contents; any commercial collection, compilation or use of any product information, Materials, data or prices; any derivative use of the Site or its contents; any downloading or copying of any User’s Account Information; and any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor any portion of it may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without Rainbow of Hope’s express written consent. Violation shall be a material breach of this Agreement and Rainbow of Hope shall be entitled to seek immediate injunctive and other relief without the necessity of showing monetary damages.
 
6. Except for content licensed from third parties, the entire Site and all intellectual property rights associated with it (including by way of example and not limitation: the Site’s compilation and all object code and source code, Materials, text, graphics, multimedia content, images, audio and video clips, html and other mark up languages, and all scripts within the Site or associated with it) are the sole and exclusive property of Rainbow of Hope Inc. All rights reserved. Content licensed from third parties and all intellectual property rights related to such content belong to the respective third parties. This Agreement is copyrighted material and is not for reproduction or re-use by others.

7. You are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Site or any Materials, and Rainbow of Hope reserves all rights not expressly granted in this Agreement. Any unauthorized use of our intellectual property shall be considered a material breach of this Agreement as well as a violation of any applicable intellectual property laws, worldwide.

8. Any and all logos, slogans, labels, product names and service names related to the Site or Rainbow of Hope (collectively noted as Rainbow of Hope Marks) are exclusively owned by Rainbow of Hope. You agree not to copy, display or otherwise use any Rainbow of Hope Marks without Rainbow of Hope’s prior written permission. The Rainbow of Hope Marks may never be used in any manner likely to cause confusion, disparage or dilute the Rainbow of Hope Marks and/or in connection with any product or service that is not authorized or sponsored by Rainbow of Hope.

9. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on the Site or any Rainbow of Hope product.

 

User Conduct and General Practices

Without limiting any other provision of this Agreement, you agree not to use the Site in any unlawful manner or, without limitation, to: 

Harvest or collect email addresses or other contact information from others by electronic or other means

Damage, disable, overburden or impair the Site

Use automated scripts to collect information from or otherwise interact with the Site

Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar,
obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable or which may expose Rainbow of Hope or its Users to harm or liability of any type

Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity

Upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Insurance Numbers and credit card numbers

Solicit personal information, passwords or personally identifying information for commercial or unlawful purposes

Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

Intimidate, “stalk” or harass another

Use or attempt to use another's account

Rainbow of Hope reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Rainbow of Hope shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

 

Co-Branding, framing and Metatags

You may not co-brand this Site. "Co-branding" means to display a name, logo, trademark, any Materials or other means of attribution or identification of Rainbow of Hope in such a manner as is reasonably likely to give the impression that you have the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Rainbow of Hope in causing any unauthorized co-branding immediately to cease.

You may not frame or use framing techniques to enclose any Material, Rainbow of Hope Marks or other proprietary information without Rainbow of Hope’s express written consent. You may not include Rainbow of Hope Marks in any metatags or any other "hidden text" without Rainbow of Hope’s express written consent.

Trademarks

T
he trademarks, names, logos and service marks displayed on this website may be registered and/or unregistered trademarks of Rainbow of  Hope. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Rainbow of Hope Inc

 

Colour/Products

We have made every effort to display as accurately as possible the products and colours of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be necessarily accurate.

External links

External links may be provided for your convenience, and for your information, but they are beyond the control of Rainbow of Hope and/or the Site and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

You understand that the Site may contain links to third party web sites that are not owned or controlled by Rainbow of Hope ("Third Party Sites") and that Third Party Sites may contain advertisements, products, pictures, graphics, photographs, trademarks, logos, text, comments, messages, information, audiovisual work, sound recordings and other works and intellectual property (without limitation, “Third Party Content”) that is not owned or controlled by Rainbow of Hope.

Without in any way limiting any other provisions of this Agreement, Rainbow of  Hope makes no representations whatsoever about any Third Party Site or Third Party Content that you may access through the Site. Rainbow of Hope will not and cannot investigate, monitor, censor or edit the content of any Third Party Sites or Third Party Content. It is up to you to take every precaution to ensure that Third Party Sites and Third Party Content are free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature. If you access any Third Party Site or use or install any Third Party Content, you do so at your own risk.

In addition, a link to another website does not mean that Rainbow of Hope endorses or accepts any responsibility for the content, use or policies of the linked website or that the policies of that website are consistent with our policies or the terms and conditions of this Agreement. We strongly encourage you to become familiar with the terms of use and practices of any linked site. You acknowledge and agree that all Third Party Content and Third Party Sites shall be governed by the terms of use and other rules established by the owners, operators or providers of such Third Party Content and/or Third Party Sites, and that Rainbow of Hope shall not be a party to, and shall play no role whatsoever in any dispute you may have with the owners, operators or providers of such Third Party Content and/or Third Party Sites.

By using the Site, you expressly release Rainbow of Hope from any and all liability arising from your use of any Third Party Site or Third Party Content.

Warranties/Disclaimer

Rainbow of Hope makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website or any of the content found on the Site.

You acknowledge that the Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that Rainbow of Hope shall not be responsible to you or others for any such interruptions, errors or problems.

A possibility exists that the Site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, you agree to contact us including, if possible, a description of the material to be checked and the location where such material can be found, as well as information sufficient to enable us to contact you. We will make best efforts to address your concerns as soon as reasonably practicable.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND WITHOUT PREJUDICE TO DISCLAIMERS FOUND ELSEWHERE IN THIS AGREEMENT, RAINBOW OF HOPE AND ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY,  ‘RAINBOW OF HOPE”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO OPINION, ADVICE OR STATEMENT OF RAINBOW OF HOPE OR ITS USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. RAINBOW OF  HOPE DISCLAIMS ANY AND ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS APPEARING ANYWHERE ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.

RAINBOW OF HOPE DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK.

Limitation/
Disclaimer of liability

Neither Rainbow of Hope or any of our principals, officers, directors, employees, consultants, affiliates, agents or other representatives shall be responsible or liable for and disclaims all liability for any loss, liability, damage (whether direct, indirect, consequential, special, Exemplary punitive or other damages), including, but not limited to  personal injury,  or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Site, any information contained on this website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Rainbow of Hope nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

Conflict of terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Use of this website shall in all respects be governed by the laws of the Province of Ontario  regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Ontario courts located in Ontario, Canada, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

Acceptance of Electronic Contract

You agree that this Agreement has the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You acknowledge that you have had the opportunity to print this Agreement.

Financial Terms and Conditions

All payments due from you to Rainbow of Hope shall be paid to Rainbow of  Hope in Canadian Dollars.

Payments

You agree to pay for all fees and charges incurred under your account. If you have provided us with credit card information you authorize any and all charges and fees incurred under your account to be billed to your credit card account. Regardless of the method of payment, it is your sole responsibility to advise Rainbow of Hope of any billing problems or discrepancies within thirty (30) days after such discrepancies or problems occurred and/or become known to you. Your credit card issuer agreement governs the use of your designated credit card account in connection with any purchase. You must refer exclusively to such issuer agreement, and not this Agreement, to determine your rights and liabilities as a cardholder.

Payment is typically required to be made to Rainbow of Hope via Credit Card at the time of purchase via this website. On rare and individual occasions cheques can and will be used as an accepted method of payment. If a cheque is returned for any reason you shall remit to Rainbow of Hope full and immediate credit card payment for all charges in the subject order along with a fee of $30.00. Interest on all amounts due shall accrue at the rate of 1.5% per month or the greatest amount permitted by law.

You agree to pay Rainbow of Hope all reasonable costs of collection and directly related attorney or other fees incurred by us whether incurred prior to or after the commencement of formal legal action.  


Changes to Agreement


Rainbow of Hope maintains the right to change or modify this Agreement (including the Policies) at any time. Such changes or modifications will become effective upon being posted to the Site. If you do not agree to abide by this and future versions of this Agreement, then you should not use or access the Site Please check the Site regularly to determine if there have been changes to this Agreement.

User Representations

By accepting this Agreement you expressly warrant and represent that all factual assertions you have made and will make to us are true and complete; that you have reached the age of majority and are otherwise competent to enter into contracts in your jurisdiction; and that in any event you are at least 18 years of age. You acknowledge that Rainbow of Hope is relying upon the representations, warranties and covenants you have made to us.