UBC Business Communications Club

Terms of Use

I. Acceptance of Terms of Use

Please review the following terms and conditions carefully. This agreement (the “terms of use”) is a legally binding contract between you (“you” or “your”) and UBC Business Communications Club, its business units, divisions, subsidiaries, and strategic partners (“UBC Business Communications Club,” “we,” “us,” or “our”). This agreement governs your use of any website or webpage operated by UBC Business Communications Club and its affiliates, including any websites from which you access this agreement (collectively, the “websites”).

Through the websites, UBC Business Communications Club offers access to certain goods, such as merchandise, gifts and accessories (collectively, the “goods”), as well as certain services, including, but not limited to, advertising and special promotional offerings, including for employment, sale of merchandise and online resources (collectively, the “services”).

You must read, agree with, and accept all of the terms and conditions contained in these terms of use governing the sale and delivery of any goods and/or access to and use of the services, before you may become a guest (“guest”) of the UBC Business Communications Club websites. By accessing the websites and/or the goods and/or the services you agree to the terms and conditions as outlined in these terms of use. If you do not agree to be bound by these terms of use, you are not authorized to use or access the websites or the services, or purchase the goods.

Two types of users may access the websites – browsers on the websites that do not upload or download any information on the websites or access any password-restricted services and guests. Our password-restricted services are only available to guests.

UBC Business Communications Club reserves the right to change these terms and conditions and/or the goods and services from time to time at its sole discretion by posting such revised terms and conditions, goods and services on the websites. Your use of the websites following any such change constitutes your agreement to follow and be bound by the modified terms and conditions of these terms of use, if any.

Any permission granted herein terminates automatically without further notice if you breach any of the terms of this agreement. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this website may violate domestic and/or international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

II. Passwords and Security

A guest account is required to access certain portions of the websites and/or services and may be accessed and used only by those authorized individuals who are registered with UBC Business Communications Club. To open a user account, You must complete the registration process by providing UBC Business Communications Club with current, complete, and accurate information as prompted by the applicable registration form. In registering for the services, You agree to submit accurate, current, and complete information about you and your organization, if applicable, and promptly update such information, if applicable. Should UBC Business Communications Club suspect that such information is untrue, inaccurate, not current, or incomplete, UBC Business Communications Club has the right, but not the obligation, to suspend or terminate your access to the websites or use of the services and/or seek updated information from you.

Upon your initial login to the services, you may be asked to choose a personal, non-transferable password; at that time, you may also be asked to provide confidential information of your choosing to be used by UBC Business Communications Club to confirm your identity in the event you make a request for your lost or forgotten password. Such personal information is not shared with third parties and is subject to the websites.

We may use cookies to identify users when they register on the websites. However, because user verification on the Internet is difficult, UBC Business Communications Club cannot and does not confirm each user’s purported identity.

You are solely responsible for any and all activities that occur under your account and for ensuring that you exit or logoff from your account at the end of each session of use. If you are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure You are sufficiently disconnected and logged off the websites and the computer system. You are using to prevent unauthorized access to your account with UBC Business Communications Club.

You agree to notify UBC Business Communications Club immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. Guest accounts cannot be “shared” or used by more than one individual, except among family members with permission by the primary account holder.

III. Restricted Rights

The materials on the sites are provided with “restricted rights.” Use, duplication, or disclosure by the Canadian government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Canadian government constitutes acknowledgement of UBC Business Communications Club’s proprietary rights in them. No other governments are authorized to use the materials appearing on the websites without prior written permission from UBC Business Communications Club.

IV. Product and Promotional Pricing and Availability and Employment Availability Information

UBC Busines Communications Club will not be responsible for typographical or other errors or omissions regarding prices or other information. All product sales and promotions are subject to these terms of use. Promotional offers and prices are for a limited time or as specified. Prices and promotions are subject to change without prior notice. Inventory and availability are subject to rapid change. In addition, employment opportunities on the sites are subject to change without prior notice. Please consult with individual UBC Busines Communications Club locations for up to the minute information.

V. Your Conduct

You agree not to:

a. upload, transmit, post, email or otherwise make available to the websites or the services, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (ii) infringes any third party’s intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;

b. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the websites or via the services or contained in a file that is uploaded to the websites or the services;

c. impersonate any person or entity, including, but not limited to, an UBC Business Communications Club official or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. attempt, through any means, to gain unauthorized access to the websites or the services, or another user’s account on the websites and/or the services;

e. use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the websites and/or the services without our prior express written permission. Systematic retrieval of data or other content from the websites to create or compile, directly or indirectly, a collection, compilation, database or directory without Our prior written permission is prohibited;

f. take any action that imposes an unreasonable or disproportionately large load on the websites’ and/or services’ infrastructure;

g. create liability for UBC Business Communications Club or cause UBC Business Communications Club to lose (in whole or in part) the services of its information technology partners or other suppliers; or

h. consummate any transaction that was initiated using the services that, by paying to UBC Business Communications Club a fee or other consideration, would cause UBC Business Communications Club to violate any applicable law, statute, ordinance or regulation, or that violate these terms of use.

The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the websites or the services is expressly prohibited.

VI. Proprietary Rights Restrictions

a. All material on the websites, including, without limitation, all informational text, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the “materials”), whether publicly posted or privately transmitted, as well as all derivative works, are owned by UBC Business Communications Club or other parties that have licensed their material to UBC Business Communications Club, and are protected by copyright, trademark, and other intellectual property laws. UBC Business Communications Club disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, audio, and service marks displayed on the sites are the property of either UBC Business Communications Club or other third parties; You agree not to display or use such property without UBC Business Communications Club’s prior written permission.

b. The materials on the websites may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the prior consent of UBC Business Communications Club. Any modification of the materials, use of the materials on any website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use, without the prior consent of UBC Business Communications Club, is a violation of the copyright, trademark, and other proprietary rights in the materials and is expressly prohibited.

c. If You have accessed the websites, UBC Business Communications Club grants to you a personal, non-exclusive, non-transferable license to use and display the audio and visual information, documents, products and software contained in or made available through the services (the “content”) solely for your own personal use. All rights not expressly granted herein by UBC Business Communications Club to you are reserved by UBC Business Communications Club and/or its licensors.

d. UBC Business Communications Club alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, comments, posting, or other information provided by you relating to the websites and/or the services (“submissions”), and you agree to assign such submissions to UBC Business Communications Club free of charge. UBC Business Communications Club may use or not use such submissions as it deems appropriate in its sole discretion.

VII. Links with Other Websites

The websites contain links to third party websites as an accommodation to you. The websites can also be accessed through links contained on third party websites. The third party linked websites are not under the control of UBC Business Communications Club. UBC Business Communications Club does not endorse, adopt or undertake any responsibility for the content or privacy practices of any third-party websites, including, but not limited to, information provided at third party websites that may link the user to the websites. If You have accessed the websites through a third party link, you are still bound by the terms and conditions of these terms of use. In no event shall UBC Business Communications Club be responsible for any content or other materials on or available on any third party websites.

VIII. Disclaimer of Warranties

A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES AND THE SERVICES IS AT YOUR SOLE RISK. THE SITES, THE SERVICES AND ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THERE FROM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UBC BUSINESS COMMUNICATIONS CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UBC BUSINESS COMMUNICATIONS CLUB OR THROUGH THE WEBSITES OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

B. UBC BUSINESS COMMUNICATIONS CLUB MAKES NO WARRANTY THAT THE SERVICES OR ANY CONTENT PROVIDED THROUGH THE WEBSITES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THERE FROM WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, CURRENT OR TIMELY, OR THAT THE WEBSITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. IN THE EVENT THAT WEBSITE CONTENT IS INACCURATE, INCOMPLETE, OR OUT OF DATE, UBC BUSINESS COMMUNICATIONS CLUB DOES NOT INTENTIONALLY MAKE MATERIAL MISREPRESENTATIONS NOR DOES UBC BUSINESS COMMUNICATIONS CLUB INTENTIONALLY PROVIDE INCORRECT INFORMATION.

C. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR THE SERVICES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THERE FROM IS AT YOUR OWN DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

D. UBC BUSINESS COMMUNICATIONS CLUB SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE WEBSITES, THROUGH THE SERVICES, OR ANY USE OF SAME BY YOU.

E. UBC BUSINESS COMMUNICATIONS CLUB AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE WEBSITES, THE SERVICES, OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THERE FROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SERVICES FROM OUTSIDE CANADA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

IX. Limitation of Liability

UBC BUSINESS COMMUNICATIONS CLUB AND ITS EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITES, THE SERVICES OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADABLE THERE FROM, OR ANY INFORMATION OBTAINED AT THE SITES, THROUGH THE SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF UBC BUSINESS COMMUNICATIONS CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT UBC BUSINESS COMMUNICATIONS CLUB’S TOTAL LIABILITY HEREUNDER FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY UBC BUSINESS COMMUNICATIONS CLUB FROM YOU TO ACCESS THE WEBSITES AND/OR USE THE SERVICES.

Certain provinces and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

X. Indemnification

The websites and the services may provide services and/or use software and technology that may be subject to Indonesia export controls administered by Canadian Department of Commerce. You acknowledge and agree that the websites shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to any countries to which Canada maintains an embargo (collectively, the “embargoed countries”). The lists of embargoed countries are subject to change without notice. By using the Sites, You represent and warrant that you are not located in, under the control of, or a national or resident of an embargoed country.

XII. Changes to the Websites

UBC Business Communications Club reserves the right to modify, suspend or discontinue all or any portion of the websites and/or the services at any time, without notice. Unless stated otherwise, any new features to the current websites or services shall be subject to these terms of use. The Websites are currently accessible to users without charge; however, UBC Business Communications Club reserves the right to charge users for access to or use of any portion of the websites or services in the future.

XIII. Failure to abide by these Terms

UBC Business Communications Club may, in its sole discretion, remove your information from the websites, warn UBC Business Communications Club’s community of your actions, issue a warning, suspend or terminate your account and any current activities at the websites immediately, without notice to you, and refuse to provide our services to you if you breach these terms of use, or if we are unable to verify or authenticate any information that you provide to us, or if we believe your actions may cause financial loss or legal liability for You, UBC Business Communications Club’s other guests or users, or us. UBC Business Communications Club reserves the right, in its sole discretion, to refuse access to any user at any time to those portions of the websites that require registration. You agree that UBC Business Communications Club shall not be liable to you or any third party for any termination of your access to any material, content, the services, and/or the websites.

XIV. Dispute Resolution, Governing Law and Consent to Jurisdiction

Any controversy or claim arising out of, or relating to, these terms of use, or the breach thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules then in effect and judgment upon the award rendered may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in West Jakarta County, Special Administrative Region of Jakarta. Client on the one hand and consultant on the other hand shall select an arbitrator by themselves that is mutually satisfactory to them. The two arbitrators so selected shall then select a third arbitrator mutually satisfactory to them. The single arbitrator so selected by the aforesaid procedure shall hear the dispute and decide it. The award of the arbitrator shall be binding and final on all parties. Any and all legal, accounting and other costs and expenses incurred by the prevailing party shall be borne by the no prevailing party.

These terms of use shall be governed by and construed under and pursuant to the laws of the British Columbia applicable to contracts made and to be performed entirely within such region without regard to British Columbia’s conflicts of laws principals. Any and all litigation concerning any dispute arising under or in connection with these terms of use shall be filed and maintained only in a state or federal court located in Greater Vancouver Area, British Columbia and by accessing the websites, the parties consent to the jurisdiction of British Columbia.

XV. Miscellaneous

You and UBC Business Communications Club are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms of use.

If any provision of these terms of use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these terms of use, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.

BY ACCESSING THE WEBSITES OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.

Except as explicitly stated otherwise, any notices shall be given, if to UBC Business Communications Club, by email to UBC Business Communications Club at info@bizzcomm.ca or, if to you, using the email address you provide to UBC Business Communications Club during the registration process or by postal mail. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to UBC Business Communications Club during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT.