Terms of Service

PLEASE READ CAREFULLY! YOUR ACCESS TO AND USE OF THIS WEBSITE AND CHURCHX COURSES OFFERED THROUGH THE WEBSITE PORTAL(S) ARE SUBJECT TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS WEBSITE AND DO NOT SUBMIT ANY INFORMATION TO THIS WEBSITE.

Toronto United Church Council ("TUCC" "Us", "We", or "Our") operates and administers CHURCHx - an e-learning on-line content and discussion platform for churches and church-related organizations (the "Platform"). The Platform is accessible to users (also "You" or "Your") through the CHURCHx website at https://churchx.ca and any of its derivatives or subdomains (the "Site") through which users may access and participate in Platform courses and other content which is interacted with both online and in person and developed by Us and by Our third-party partners (the "Content").

By using this Site and/or registering in any Platform course, You confirm that You agree to be bound by the Terms of Service which may be modified from time to time. You represent and warrant that You have the legal capacity to accept the Terms of Service.

Your access toand use of the Site and Platform is also conditional on Your understanding, acceptance of, and compliance with, Our Privacy Policy [insert link to Privacy Policy] which describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Site and Platform. Please read Our Privacy Policy carefully before using the Site or Platform.

PLATFORM CONFIDENTIALITY AND RESTRICTIONS

Many CHURCHx Platform courses are interactive and involve group discussions which include the use of video conferencing. If You are under 18, please obtain Your legal guardian's permission before taking part in any Platform course.

On the Platform never reveal personal information about anyone else and be aware of the risks you create if you chose to reveal any of Your personal information (for example, Your telephone number, full name, home address or email).

By visiting this Site and/or participating in any Platform course, You understand that some Content and some discussions may not be suitable for children. You must be at least 18 years of age or have a parent/guardian present while on the Site or participating in any of the Platform courses. TUCC will not be held responsible for any harm that is experienced, real or perceived, from viewing any Content on the Site or in the Platform or contributing and participating in any of the Platform courses.

Individual Platform course leaders may communicate specific course related requirements and restrictions including confidentiality obligations and seek Your consent to share images, information, opinions etc. You agree to follow the lawful instructions of Platform course leaders to participate in the courses.

OWNERSHIP AND COPYRIGHT

All Content (which includes online presentations, in person presentations, information, data, databases, graphics, interfaces, Site pages, text, files, software, product names, TUCC names, logos, and trade names contained on this Site, in connection with the Platform and all intellectual property rights related thereto, including, without limitation, registered and unregistered trade-marks and copyrights, including the manner in which the Content is presented or appears both online and in person) are the property of TUCC or its third party partners.

In consideration of full compliance with these Terms of Service and the TUCC Code of Conduct [insert link here], TUCC grants You a personal, non-transferable, and non-exclusive license to access the Content on the Site and, subject to Your registration in a Platform course, a personal, non-transferable, and non-exclusive license to access the Platform Content in the Platform course and participate in the course whether online or in person. You agree that You will not:

(a) distribute the Content for any purpose including, without limitation by compiling an internal database, or by redistributing or reproducing the Content for any purpose;

(b) create derivative works, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, publish, make available to any person, or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever; or

(c) allow any third-party to access the Content.

REGISTRATION

By registering for a Platform course, You warrant that You are legally capable of entering into binding contracts. You consent to the exchange of information and documents between us electronically over the Internet or by email. If You have an online account profile on the Platform, We will send You information and documents to the email address in Your profile.

Your Information

If You wish to register for a Platform course that requires payment to enroll ("Paid Platform Course"), You may be asked to supply certain information including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card and Your billing address.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any registration; and that (ii) the information You supply to Us is true, correct, and complete.

Paid Platform Course registrations are non-refundable. Certain refund requests may be considered on a case-by-case basis and granted at the sole discretion of TUCC.

USER ACCOUNTS

When You create an account on the Platform, You must provide information that is accurate, complete, and current. Failure to do so constitutes a breach of the Terms of Service.

You are responsible for safeguarding the password that You use to access the Platform courses.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

COURSE WORK

Many Platform courses will require the submission of such things as assignments, workshop collaboration, forum posts, chats, database entries, quizzes, surveys, and feedback through course evaluation forms (the "Course Work"), all of which will be retained in the Platform.

You are responsible for any Course Work that You post including its legality, reliability, and appropriateness. By posting Course Work, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Course Work on the Site. You retain all Your rights to any Course Work You submit, post or display on the Site and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Course Work available to other users of the Site, who may also use Your Course Work subject to these Terms of Service.

You may not transmit any Course Work that is unlawful, offensive, discriminatory, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable including, promoting unlawful activity or any Course Work that: mean spirited; attacks any religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, infringes on any proprietary rights of any party including patent, trademark, trade secret, copyright, right of publicity, or other rights.

We have the right, but not the obligation, to determine whether any Course Work is appropriate and complies with these Terms of Service or to remove this Course Work from the Platform. We reserve the right to make formatting and edits and change the way we display any Course Work.

LIMITATION OF LIABILITY AND DISCLAIMERS

This Site may contain links to other sites. We do not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. A link to another site will not be construed to mean that TUCC is affiliated or associated with any such organization or that We recommend or endorse any of the content found on other sites.

IN NO EVENT WILL TUCC, ITS PARTNERS, AFFILIATES, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, VOLUNTEERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF TUCC OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

The Content on this Site and the Platform courses may be changed without notice to You. TUCC is not responsible for any Content or Course Work that You may find undesirable or objectionable. You understand that by using the Site and Platform You may be exposed to Content or Course Work that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will TUCC be liable in any way for any Content or Course Work, including any errors or omissions in any Content or Course Work, or any loss or damage of any kind incurred as a result of Your use of any Content or Course Work. TUCC disclaims any liability for unauthorized use or reproduction of any portion of the Site, the Platform, its Content and Course Work.

NO WARRANTY

TUCC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONALITY AND PLATFORM COURSE AVAILABLITY THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER, SYSTEMS OR NETWORK THAT MAKE IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TUCC MAKES ALL REASONABLE EFFORTS TO ENSURE THE CONTENT IS SUITABLE FOR OUR USES BUT DOE S NOT WARRANT THE SUITABILITY ACCURACY, OR RELIABILITY OF THE CONTENT FOR ANY PURPOSE.

TERMINATION/SUSPENSION

We may suspend or restrict Your use of the Site or Platform if You breach any of these Terms of Service or provisions of Our Code of Conduct. Any such suspension or restriction by TUCC will without prejudice to such rights and remedies as may be available to Us, including injunction and other equitable remedies.

NOTICES

Every notice that TUCC is required or permitted to give or make under these Terms of Service will be posted on this Site or submitted to Your email address as supplied in Your account profile on the Platform. Every notice that You are required or permitted to give or make under these Terms of Service will be made through the "Contact Us" form on the Site or otherwise as communicated to You from time to time.

SEVERABILITY

Any provision of these Terms of Service that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from these Terms of Service, all without affecting the remaining provisions of these Terms of Service or affecting the validity or enforceability of such provision in any other jurisdiction.

GOVERNING LAW AND ATTORNMENT

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

For all legal proceedings relating to these Terms of Service and Your use of the Site and Platform, these Terms of Service shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have jurisdiction to decide any action arising under these Terms of Service. The parties agree to attorn and submit to the exclusive jurisdiction of the Courts of the Province of Ontario

We reserve the right, at Our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new term or condition taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use the Site or Platform after those revisions become effective, You agree to be bound by the revised Terms of Service. If You do not agree to the new terms within it, in whole or in part, please stop accessing the Site and using the Platform.

Contact Us

If You have any questions about these Terms of Service, You can contact Us: help@churchx.ca