Terms of Service
We invite our website visitors, subscribers, members and Certified WBE community to enjoy all the features WBE Canada has to offer. But we must require that each individual and organization abide by certain rules so that no one’s rights are infringed upon. Failure to abide by these rules can result in immediate termination of access to our websites, programs, events and services, without refund or recourse.
Table of Content
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1. Introduction and Definitions
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS OF SERVICE REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE WOMEN BUSINESS ENTERPRISES CANADA COUNCIL (HEREWITHIN WBE CANADA) PLATFORM(S), EVENTS, CERTIFICATION AND CORPORATE MEMBERSHIP. IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL THE TERMS OF SERVICE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR PLATFORMS, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN THESE TERMS OF SERVICE.
- “Platforms” means all the platforms, including, but not limited to WBECanada.ca, WBEconference.ca, WBE Database, WBE Canada Toolbox, Certified WBE LinkedIn Group, our CRM solution and others. When we use this term we mean all the individual URL or Internet address locations, sites and pages within the WBE Canada domain. Unless otherwise noted, when we use the term “Platforms,” we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and trademarks, the “look and feel”, as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our platforms and we will use the term “Content” when we refer to them separately.
- “Events” means all the events, conferences, workshops, training, networking and other events organized by WBE Canada, whether they are organized in person, virtually, in hybrid or any other format.
- When you see the word “use” or “using” in connection with the Platforms, Events, WBE Certification or Corporate Membership or us in these Terms of Service, it refers to any time you attempt to or actually access, utilize, or participate in our Platforms, Events, WBE Certification or Corporate Membership. We will also consider you to be using our services if you utilize, benefit from or interact with any feature, function, service or content in, on or available through the Platforms, for any purpose.
- When we use the term “including” it means “including, without limitation” or “including, but not limited to”.
- “We”, “us” and “our” means WBE Canada, and we may refer to you or any individual that uses our Websites as “you” or “your” or a “user”. If we use the term “WBE Canada entities”, in addition to us, that term means and includes our sponsors, members, suppliers, partners, operational service providers, agents and representatives.
- “WBE Certification” is a verification process to confirm the business is majority owned, managed and controlled by a woman or women.
- “Certified WBE”, “Certified WBE Community”, “Women Business Enterprise”, “WBE”, “WBE Company” refers to businesses certified by WBE Canada with valid “WBE Certification”.
- “Corporate Member” refers to WBE Canada’s Corporate Member organization that is a business or organization which operates in Canada, and/or is interested in procuring products/services from Canadian Women Business Enterprises (WBEs).
- “Corporate Head Office” refers to the headquarters where decisions are made to guide the operations of the individual businesses such as affiliates, subsidiaries & franchisees) toward the corporate goals.
- “Sector Association” refers to organizations founded and funded by businesses that operate in a specific industry or sector.
- “Government Agencies” are any national, provincial, municipal or local governmental authorities.
2. Terms of Service – Platforms
These terms and conditions relate to the use of WBE Canada Platforms and associated WBE Certification processing and Corporate Membership purchases provided by WBE Canada.
- Access to our Platforms is at times limited to the following groups and requires (i) Certified WBE – an annual certification fee and renewal application approval; (ii) Corporate Member – an annual membership fee and Board of Directors approval; (iii) AGM, Board of Directors, Committees – as specified in By-Laws and Terms of Reference.
- All the prices on our Platforms are in CAD.
- WBE Canada is based in Canada and all our Canadian customers will be required to pay tax on top of our product price. Tax will be added to the base price automatically at the time of purchase. Taxes do not apply to Sponsorships.
- Do not share your login password and usernames to protect the website integrity. Your access is intended solely for designated representatives of your company (who must be full-time employees of your organization) that have been granted permission; hence providing access to other individuals or organizations is strictly prohibited and violates the agreement;
- Do not reprint, republish, repost or otherwise distribute or transmit content or images presented on our website(s). Downloading is easy, but just because you might be able to copy our content doesn’t mean you own it. Unauthorized use of our content, trademarks and other proprietary material can subject you to civil or even criminal liability. Please, don’t violate our copyright!
- Do not impersonate any other person, firm or enterprise or any of our or their employees and agents;
- Please avoid shouting (using all capital letters).
- Treat other subscribers with courtesy and respect when posting messages. No unnecessary name calling or abuse toward any subscriber is allowed. Do not engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive.
- Posting. Our Website may allow you to register, create a profile or account and enable you to submit, provide, furnish, transmit, exchange, communicate and/or display Content (referred to as “Posting”). By Posting, you represent that you own or have the right to engage in the Posting and you specifically agree your Posting shall not violate any law or regulation, our Terms of Service or the rights of others. Your Postings are your responsibility and unless and until you notify us that you know or suspect the security of your user identification, login and password may have been compromised, so are Postings made by anyone else if they are using your registration, profile, user account or login identification or password and you will defend and indemnify us (See the Section entitled “Limitation and Liability”) for any such Postings. If you determine or suspect someone using your login identification or password, please notify us immediately. When you post content, you permit this site to display and distribute the content and to use it for advertising and promotion. You grant to this site complete, perpetual, but not exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.
- Ownership of content. You acknowledge and agree that, except as otherwise noted in our Terms of Service, all Content is and shall remain the exclusive property of WBE Canada and if you use any Content in violation of our Terms of Service, any other party’s rights, or any laws or regulations, including laws relating to the protection of intellectual property, you may be subject to civil liability, criminal prosecution or both under the laws and regulations of Canada, as well as any other state, national, provincial or other laws, regulations and treaties that may apply. Content that is yours remains yours and neither our Terms of Service, nor your use of our Website is intended to deprive you or anyone of any existing rights to your Content. If anyone else has or may have rights to the Content you are submitting, it is your responsibility to find out and obtain whatever agreements, licenses and rights you need from them to do so, because if and when you submit Content to us, you will be solely responsible and liable.
- Do not violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise;
- Do not engage in any activity or fail to report any activity involving SPAM, junk e-mail, chain letters, or so-called “spamming” and “phishing” or other similar schemes; or use our Website for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, Trojan horses, spyware) or other potentially harmful material or information or in any way interrupt, damage, interfere with , destroy or limit the functionality of any computer software or hardware or communication equipment, including our Website.
- No advertising, trading of goods or services, or other commercial use is allowed except in classified ads space. No bulk email, junk mail or spam, chain letters or repeat postings of the same message is permitted anywhere on our managed platforms.
- Termination. We have the right to discontinue, suspend or terminate our Platforms and/or your use of our Platforms at any time, including any time we determine, in our sole judgment, you, your use of our Platforms, your Content and/or any Posting you make does or may violate our Terms of Service and, in addition to any other rights and remedies we may have under these Terms of Service, or at law or in equity, we have the right to: (i) refuse to allow you further Posting; (ii) remove or delete Postings; (iii) revoke your right to use our Website; (iv) use any technological, legal, operational or other means available to enforce our Terms of Service, including blocking specific IP addresses or deactivating your registration.
3. Terms of Service – Events
These Terms of Service relate to event registrations and associated ticket purchases for events hosted by Women Business Enterprises Canada Council (WBE Canada).
- All the prices for WBE Canada events are in CAD.
- WBE Canada is based in Canada and all our Canadian customers will be required to pay tax on top of our product price. Tax will be added to the base price automatically at the time of purchase. Taxes do not apply to Sponsorships.
- Registrations are final. Your commitment is essential to your business’ success; therefore, registrations are final.
- Authorization/consent for payment. By completing your order you authorize all payments utilizing the payment information entered into the order form for the entire value of the order.
- No refunds or chargebacks. There are no refunds or chargebacks for nonparticipation for any reason. Ticket purchases cannot be rolled forward or credited to future events. See registration transfer policy below.
- Transfer of registration. Purchasers may transfer their registration to a business partner, full-time team member prior to the date indicated on the order form. Requests for transfers after this date are not guaranteed.
- Event materials. Materials from the event are reserved exclusively for the companies who attend live and will not be provided to those who do not attend.
- Bonus materials. Bonuses associated with the event are only provided to those who attend in person (or virtually for virtual events) and are provided to confirmed attendees after the event based on the timing established by WBE Canada.
- On-site registration. Event attendees are required to check in and register at the event. Each attendee might be required to show photo identification at registration in order to enter the event.
- Media release. A signed media release form is required for participation at any WBE Canada hosted event. A copy of the media release form is provided here for your reference.
4. Terms of Service – WBE Certification
These Terms of Service relate to WBE Certification provided by WBE Canada.
- All WBE Certification applications are subject to review by WBE Canada in accordance with WBE Canada Certification Policy and Procedures. Please note receipt of payment with the application does not constitute an approved certification.
- WBE Canada offers one level of certification at $750 annual fee, plus GST/HST. This is a non-refundable processing fee.
- WBE Certification Expiry. WBE Certification expires on the anniversary date of the original Certification date or when WBE Certified business loses its compliance with terms of certification; benefits cease when a membership expires.
- WBE Certification Renewal. WBEs receive renewal reminders as outlined under “WBE Certification Ownership”. Changes to certification fees will only be made at the time of annual renewal of the certification. The primary contact must respond to the reminder email/phone message and provide necessary documents to confirm interest and eligibility for WBE Certification for the following year. Renewals are processed via WBE Database in accordance with WBE Canada Certification Policy and Procedures.
- WBE Certification Transfer. WBE Certification is transferable based only on the following: if the company changed its name but no other changes were made to the ownership or management structure.
- WBE Certification Benefits. WBE Certification is activated when the application is approved by the Certification Committee. Your membership will be valid for a full twelve (12) month subscription. Certification benefits are assigned to the Applicant, its primary and secondary contacts of the specific organization. Certification benefits cannot be extended to other businesses owned by the same owner, the affiliated business or membership, board representatives, contractors and/or volunteers. The range of services and benefits for Certified WBEs is listed at https://wbecanada.ca/certification/
- Access to Services. Services provided by WBE Canada will only be made to authorized representatives (primary and secondary contacts) of the Certified WBE Company and will be made via any means and/or medium deemed appropriate by WBE Canada. WBE Canada Events are open to all full-time employees representing WBE Certified business. WBE Canada reserves the right to change, from time to time, the services available to its members.
- WBE Certification General. Services provided by WBE Canada in relation to certification are only available to designated business representatives. It is the responsibility of the WBE company to ensure that their assigned representatives are accurate. WBE Canada accepts no liability for the provision of services to assigned representatives. WBE Canada accepts no liability for the denial of services to individuals not designated as representatives of associated Certified WBE companies. The Applicant must notify us of changes to their contact details otherwise WBE Canada may not be able to make their services available to you.
5. Terms of Service – Corporate Membership
These Terms of Service relate to Corporate Membership with WBE Canada.
- All membership applications are subject to review by WBE Canada. Please note receipt of payment with the application does not constitute an approved membership.
- WBE Canada offers 2 membership categories: (i) Corporate Membership and (ii) Affiliate Membership.
- Corporate Membership fees are based on annual revenue (for profit organizations) or annual budget (nonprofit and government organizations). There are four fee levels: (i) $10,000 per year – Revenues/Budget greater than $500 million; (ii) $7,500 per year – Revenue/Budget between $250 million and $500 million; (iii) $5,000 per year – Revenue/Budget between $10 million and $250 million; (iv) $2,500 per year – Revenue/Budget less than $10 million.
- Affiliate Membership. If the applicant is: (i) an affiliate, subsidiary or franchisee of a corporate head office which is also a member of WBE Canada at the highest investment level of $10,000; or (ii) a board or corporation of a municipality which is also a member of WBE Canada at the highest investment level of $10,000; or (iii) a crown agency or a crown corporation of a provincial or the federal government which is also a member of WBE Canada at the highest investment level of $10,000; then the applicant can join WBE Canada for $2,500. You will be required to submit the name of the corporate head office member during the application process.
- Membership Ownership. The WBE Canada Corporate Membership belongs to the Applicant “the company, organization, association or agency” and one primary contact is appointed to manage the account content, renew the membership and oversee any secondary contacts. Corporate Membership and associated benefits belong to the Applicant’s one (1) primary business address, not the owner; staff member; affiliated businesses or membership. Membership is not transferable from one organization to another or to multiple businesses associated with the Applicant. A “Primary Representative” contact provided by the Applicant is assigned to the membership with complete control of the online membership content and can login on behalf of the Applicant member to initiate actions such as membership renewals. The primary contact will receive notice of renewal 60, 30 and 10 days before expiry as well as day of and 30 days after expiry. The primary contact can also add secondary contacts to the membership. Secondary contacts will receive their own login information and can enjoy member benefits. Secondary contacts cannot update or change the primary membership information.
- Membership Fee Payment. Membership fees are payable within thirty (30) days of invoicing. WBE Canada does not refund or reimburse any portion of its membership fees after the application was accepted, even if the membership is cancelled within the membership year period. Membership benefits are accessible once full payment has been received.
- Membership Expiry. Membership expires on the anniversary date of payment; benefits cease when a membership expires.
- Membership Renewal. Members receive renewal reminders as outlined under “Membership Ownership”. Changes to membership fees will only be made at the time of annual renewal of the membership. The primary contact must respond to the reminder email/phone message to confirm interest in Corporate Membership for the following year. Upon such confirmation the invoice will be issued which should be paid within 30 calendar days. WBE Canada accepts cheques, EFT (Electronic Funds Transfer) and Credit Card payments.
- Membership Transfer. Membership is transferable based only on the following: if the organization is sold and theremainder of the annual membership fee is transferable to the new organization if this was agreed to between the vendor and the purchaser.
- Membership Benefits. Membership is activated when WBE Canada receives a completed online or printed application form and payment. Your membership will be valid for a full twelve (12) month subscription or part thereof as agreed to. Membership benefits are assigned to the Applicant, its assigned contacts of the specific organization. Unless arranged through a special partnership with WBE Canada, there is no affiliated extension of membership or benefits. Specifically, member benefits of the applicant cannot be extended to its affiliated business or membership, board representatives, contractors and/or volunteers. The range of membership services and benefits is listed at https://wbecanada.ca/corporate-membership/
- Access to Services. Services provided by WBE Canada will only be made to authorized representatives (primary and secondary contacts) of the member organization and will be made via any means and/or medium deemed appropriate by WBE Canada. WBE Canada Events are open to multiple representatives of Corporate Member organizations. WBE Canada reserves the right to change, from time to time, the services available to its members.
- Change of Owner Details. The Applicant must promptly notify WBE Canada, in writing (print or email), of changes to the Applicant’s company legal name, registered address or billing address(es), or primary contact details since changes could impact WBE Canada’s ability to deliver the Applicant’s membership services.
- Membership General. Services provided by WBE Canada in relation to membership are only available to designated Corporate Member representatives. It is the responsibility of the member organization to ensure that their assigned representatives are accurate. WBE Canada accepts no liability for the provision of services to assigned representatives. WBE Canada accepts no liability for the denial of services to individuals not designated as representatives of associated member organization. The Applicant must notify us of changes to their contact details otherwise WBE Canada may not be able to make their services available to you.
- Payment of Membership Fee. WBE Canada offers a range of options to pay membership fees.(i) Electronic Fund Transfer (EFT) – If you wish to pay via EFT, please contact Michelle Bianchi at firstname.lastname@example.org. (ii) Pay with cheque – The primary contact can mail a cheque to WBE Canada, 401 Bay Street, Ste. 1600, Toronto, ON M5H 2Y4, Canada. Payment must be received 30 days after issuance of the invoice. (iii) Pay over the phone – The Primary contact or designated member property representative can contact Michelle Bianchi via phone at 416-646-6233 and request a link to pay online.
- Confidentiality. When Posting or otherwise using our Platforms you should assume that neither your identity nor any Postings you make or make available are confidential or anonymous. You should always identify yourself and your affiliation when Posting with other users and to the Platforms. Our discussion and bulletin boards, forums, chat and messaging capabilities, resources, features, functions and capabilities were not designed, nor intended to protect the confidentiality of any Postings. We have no obligation, nor do we verify, review for accuracy, completeness or otherwise, any Posting. We also have no obligation to monitor or continue to monitor your use of the Website or your Content, but we reserve the right to do so and to confirm and request confirmation of any information you submit to us or on our Platforms, at any time for any reason or no reason at all. Postings are not endorsed by us, nor do we screen them.
7. Copyright and Trademark Law
All content and graphics on our Platforms and Events are protected by Canadian copyright and international treaties and may not be copied or re-used without the express written permission of WBE Canada, which reserves all rights.
8. Sponsorship and Affiliate Disclosure
From time to time we may promote sponsored or affiliate products. If you purchase those items through our links, we will receive compensation or earn commission. You will not pay more when buying a product through our links. In fact, oftentimes we are able to negotiate lower rates or extra bonuses not available elsewhere. Plus, when you order through our links, it helps us to continue providing additional resources for our community. Thank you, in advance for your support!
9. Changes in Terms
WBE Canada has the right at any time and without prior notice, at its sole discretion, to revise these terms and conditions or to impose new terms and conditions with respect to WBE Canada Platforms, Events, Certification and Corporate Membership. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on WBE Canada Platforms. You are responsible for reviewing these terms and conditions periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by WBE Canada to these terms and conditions. Attendance at the event by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions. No modification to these terms and conditions by any party other than WBE Canada shall be valid or enforceable against WBE Canada unless expressly agreed to by WBE Canada in writing signed by a duly authorized officer of WBE Canada.
Any variations made to these Terms of Service may be made by WBE Canada without express written notice to existing members and will be effective fourteen (14) days after the posting on WBE Canada’s website.
10. Limitation of Liability
INDEMNITY. BY USING OUR PLATFORMS, EVENTS, WBE CERTIFICATION AND CORPORATE MEMBERSHIP, YOU AGREE TO DEFEND ANY OR ALL OF THE WBE CANADA ENTITIES AGAINST ANY DEMANDS, CLAIMS OR ACTIONS ARISING OUT OF OR AS A RESULT OF YOUR BREACH OR VIOLATION OF OUR TERMS OF SERVICE.
OUR PLATFORMS, EVENTS, WBE CERTIFICATION AND CORPORATE MEMBERSHIP ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR PLATFORMS WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR PLATFORMS ARE ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR PLATFORMS FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR PLATFORMS AND EVENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM USE OF OUR PLATFORMS, OUR TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.