For the purposes of these Terms and Conditions, “you” indicates such individual or individual representing an entity browsing this website and any affiliated or related websites (collectively, the “Website”), owned and operated by Young Naturalists’ Club of BC Society (dba NatureKids BC), a British Columbia society (the “Society”, “NatureKids”, “we”, “our”, or “us”), or using any of the services offered by the Society (the “Services”). The following Terms and Conditions apply to the Services, the Website, and our Privacy Policy. In addition, the following agreements are incorporated herein by this reference in their entireties:
(a) the Society’s Privacy Policy, and (b) any membership or activity specific agreements or other applicable agreements.
By using the Services and/or the Website, you certify that: you are of the age of majority in British Columbia or your jurisdiction of residence; and any information you provide to us is and will be true, accurate, current, and complete.
By browsing the Website and/or using the Services, you confirm that you have carefully read and understand these Terms and Conditions, and that you consent to, and agree to be bound by, the Terms and Conditions. The Society reserves the right to make any amendments to the Terms and Conditions at any time and for any reason. Such amended version of the Terms and Conditions will be posted on the Website and it is your sole responsibility to check the Terms and Conditions for changes. If you do not agree to these Terms and Conditions, or any future amendments, your sole recourse is to immediately cease use of the Services and/or the Website.
By using our Services and/or Website, and voluntarily submitting your Personal Information (as defined in the Society’s Privacy Policy), you consent to the Society storing, including locally, remotely, or in a distributed fashion, the Personal Information that you have provided. For the purposes of these Terms and Conditions, “your Personal Information” shall include the Personal Information of your clients, and for which you hereby represent and warrant that you have full authority and right to disclose in this manner.
You hereby authorize the Society to use, collect, or disclose any Personal Information provided by you in accordance with the Society’s Privacy Policy to the extent necessary to provide the Services, including, without limitation, services in connection with the Website. The Society may use one or more third party service providers to transmit, process and/or store your Personal Information and you hereby agree to such collection, use and disclosure.
You hereby authorize the Society and any third party to which the Society directly or indirectly distributes any Personal Information to verify any portion of such Personal Information and in any manner.
In addition to any obligations and requirements under applicable privacy laws and regulations, in the event that you are disclosing the Personal Information of your clients, you shall be solely responsible for providing your clients with all necessary notices or obtaining all such necessary consents (collectively, “Privacy Notices”) to permit yourself and the Society to collect, use, and disclose all the submitted Personal Information in connection with the Services, including, without limitation, the Website.
You hereby represent and warrant, and understand that the Society is relying on such representations and warranties without further inquiry, that all Privacy Notices have been expressly given or obtained, as the case may be, from the applicable parties and that your grant of access to any Personal Information to the Society hereunder shall not violate the rights of any third party and further, complies with all applicable laws and regulations. The Society shall not be responsible in any way for any unauthorized transactions or inquires arising from use of any third party’s Personal Information for which you have not properly given or obtained Privacy Notices, as the case may be, and you shall fully indemnify and hold the Society harmless with respect to any claims as to unauthorized use of your submitted Personal Information.
In connection with your use of our Services and/or the Website, you shall not knowingly (after taking commercially reasonable precautions) access, store, distribute or transmit any viruses or any material that:
(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other protected grounds of discrimination; or (f) causes damage or injury to any person or property.
You shall not (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, publicly display, demonstrate, transmit or distribute all or any portion of the Services (as applicable) in any form or media or by any means; (b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; (c) access all or any part of the Services and/or the Website in order to build a product or service which competes with the Services and/or the Website; (d) use the Services and/or the Website to provide services to third parties; (e) without the prior written consent of the Society in each case, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; or
(f) use the Services and/or the Website in violation of any applicable law or outside the scope expressly permitted herein.
You agree to indemnify and hold harmless the Society, its affiliates, partners, directors, officers, agents and suppliers from and against any and all claims, suits, proceedings, liabilities, damages, losses, fees and expenses (including reasonable attorneys’ fees) arising out of or in relation to any claims resulting from your breach of these Terms and Conditions, or your use of the Services and/or the Website, including, without limitation, any violation with respect to your disclosure of a third party’s Personal Information.
You understand that providing any information, including any Personal Information, over the Internet poses significant risks and you hereby agree that you assume any and all such risks that may arise from your use of the Website and/or Services. You understand that, while the Society takes reasonable steps to ensure security of your information, we cannot guarantee security of your Personal Information.
IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITIES AS PROVIDED BELOW, THE SOCIETY EXPRESSLY PROVIDES THAT IT IS NOT LIABLE FOR ANY BREACH IN SECURITY THAT RELATES IN ANY WAY TO ANY PORTION OF YOUR INFORMATION. THE SOCIETY SHALL NOT BE LIABLE IN ANY WAY FOR ANY ACTION THAT ANY THIRD PARTY TAKES WITH REGARD TO ANY PORTION OF YOUR INFORMATION THAT IS PROVIDED TO THAT THIRD PARTY.
THE SOCIETY IS NOT LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF ANY ACTIONS OF OR IN ANY WAY RELATED TO ANY THIRD PARTIES. ANY AGREEMENT, DISCUSSIONS, OR OTHER INTERACTIONS IN WHICH YOU ENGAGE WITH ANY THIRD PARTY IS INDEPENDENT, SEPARATE, AND DISTINCT FROM ANY AGREEMENT, DISCUSSION, OR OTHER INTERACTION IN WHICH YOU ENGAGE WITH THE SOCIETY.
THE SOCIETY’S SERVICES AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH ITS SERVICES, THIS WEBSITE, AND THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. THE SOCIETY ON BEHALF OF ITSELF, ITS AFFILIATES, PARTNERS, AND LICENSORS, HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO ITS SERVICES, ITS CONTENT, THIS WEBSITE, OR THE SOFTWARE INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SOCIETY OR OTHERWISE AVAILABLE THROUGH ITS SERVICES, THIS WEBSITE, OR THE SOFTWARE WILL CREATE ANY WARRANTY REGARDING THE SOCIETY OR ANY OF ITS SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOU USE THE SERVICES AND USE, ACCESS, OR DOWNLOAD ITS CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE OR SOFTWARE, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE OR LOSSES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, WEBSITE, SOFTWARE, YOUR DEALINGS WITH ANY OTHER THIRD PARTY, OR YOUR USE OF ANY CONTENT AVAILABLE THROUGH THE SERVICES, WEBSITE, OR SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA THAT MAY RESULT FROM THE SERVICES, WEBSITE, SOFTWARE OR THE USE OF ANY OF ITS CONTENT.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR THE SERVICES, INCLUDING INACCURACY OR INCOMPLETENESS OF ANY SUCH TOOLS, ANALYSIS, RESEARCH OR OTHER INFORMATION, AVAILABLE THROUGH OUR SERVICES OR ITS CONTENT.
THE SOCIETY, ITS AFFILIATES, PARTNERS, AND SUPPLIERS, AND ANY OF THEIR RESPECTIVE REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, AND LICENSORS (COLLECTIVELY, THE “SOCIETY PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ITS CONTENT.
EXCEPT AS REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE SOCIETY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS, HOWSOEVER ARISING WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED CANADIAN DOLLARS (CDN$100.00).
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES THAT ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE SOCIETY PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
By browsing the Website and/or using the Services, you agree that the Terms and Conditions shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein without regard to its conflict of laws principles, and you agree to be bound by the laws of these jurisdictions, regardless of your place of residence. Except as otherwise agreed by the parties or as otherwise described in the arbitration option below, any such dispute shall be brought in a court of competent jurisdiction in the province of British Columbia, regardless of your residence. You hereby consent to the exclusive jurisdiction of such court. You agree to adhere to all Federal, provincial, or local laws applicable to all interactions with which you engage in any relation to the Services and/or the Website.
These Terms and Conditions, the Privacy Policy, and any other agreements incorporated by reference herein constitute the entire and exclusive agreement between the Society and you in connection with your use of the Services and/or the Website.
All content of this website are copyrighted. © 2023 Young Naturalists’ Club of BC Society. The Society reserves all rights with regard to all any and all intellectual property on the Website or in the contents thereof, including copyrights and trademarks under common law or otherwise.
Current as of: June 2023