TERMS OF USE

Effective Date: 15/7/2024

These Terms of Use ("Terms") govern your access to and use of the YAYACT web platform (the "Platform"). YAYACT ("we," "us," or "our") provides the Platform to connect Non-Governmental Organizations (NGOs) with users interested in their events and initiatives in Canada. By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Platform.

1. Eligibility

You must be at least 13 years old to access or use the Platform. By using the Platform, you represent and warrant that you are at least 13 years old and of legal capacity to enter into a binding agreement.

2. User Accounts

• Platform Owners: NGOs creating an account to manage their entire organization on YAYACT will provide a name, email address, and optional organization affiliation. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Group Admins: Designated users by Platform Owners can create accounts to manage specific groups or initiatives within the NGO. They will provide their name and email address.

3. User Conduct

You agree to use the Platform in a lawful and respectful manner. You agree to not:

Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically offensive.

Violate any intellectual property rights of others, including copyrights, trademarks, or patents.

Use the Platform for any commercial purpose without our express written consent.

Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.

Interfere with or disrupt the Platform or servers or networks connected to the Platform.

Use the Platform to collect or harvest personal data about other users.

Attempt to gain unauthorized access to the Platform, computer systems or accounts.

4. Content Ownership

• User Generated Content: You retain ownership of any content you upload, post, or transmit to the Platform ("User Generated Content"). You grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, and translate your User Generated Content for the sole purpose of providing and improving the Platform.
• Platform Content: We own all intellectual property rights in the Platform and its content, including logos, trademarks, and copyrights.

5. Third-Party Links and Services

The Platform may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content or practices of any third-party websites or services.

6. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Termination

We may terminate or suspend your access to the Platform at any time, for any reason, and without notice. You may also terminate your account at any time.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of laws provisions.

10. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the Arbitration Rules of the Canadian Arbitration Association. The arbitration shall be conducted in Toronto, Ontario, Canada.

11. Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Platform.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

13. Changes to the Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. By using the Platform after we post the revised Terms, you agree to be bound by the revised Terms.