Terms and Conditions

Thank you for visiting the website of Brain Canada Foundation (“Brain Canada”).

Acceptance of Terms

This website is owned and operated by Brain Canada Foundation, 1200 McGill College Avenue, Suite 1600, Montreal, Quebec, H3B 4G7 (“Brain Canada“, “we”, “us, and “our”). Your use of the website located at braincanada.ca and any official social media pages or other forms of online presence controlled by us (collectively, the “Site“) is subject to the terms and conditions set out below (“Terms of Use“).

Please read these Terms of Use carefully before using the Site. These Terms of Use constitute a legal agreement between you and Brain Canada, which is the owner and operator of the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these Terms of Use and the documents incorporated by reference herein.

If you do not agree with or accept any of these Terms of Use, you should cease using the Site immediately. If you have any questions about the Site, please contact info@braincanada.ca.

By accessing or using the Site, you agree that you are of legal age to enter into these Terms of Use, and if you are not, you have obtained the consent of your parent or legal guardian to enter into these Terms of Use.

Privacy Policy

Brain Canada respects the privacy of the individuals who access the Site and use its services. Brain Canada collects, uses and discloses personal information in accordance with its Privacy Policy, which is hereby incorporated by reference into and forms part of these Terms of Use. Each time you use the Site, you consent to the collection, use and disclosure of your personal information by Brain Canada in accordance with the Privacy Policy.

Ownership and Intellectual Property Rights

All information, content, software, downloadable materials, interfaces, graphics, text, design, audio and video clips, images, buttons, trade-marks, service marks, trade names and logos (the “Content“) contained on the Site, the Site itself and all intellectual property rights therein are the exclusive property of and owned by Brain Canada, its licensors or content providers and are protected by copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world, under national laws and international treaties (collectively, “Intellectual Property Rights”). Brain Canada, its licensors and content providers reserve all right, title, interest and all Intellectual Property Rights in and to the Site and the Content.

Other than as expressly provided herein, nothing in these Terms of Use grants you any rights in the Site other than as necessary to enable you to access the Site for your personal and non-commercial use, and nothing may be construed as conferring by implication or otherwise any licence or right under any Intellectual Property Right or any proprietary interest of Brain Canada, its licensors or any third party. You agree not to modify, to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.

The availability of Content on the Site does not constitute a waiver of any rights in such Content. Some of the Content available on the Site, such as articles and comments, express the views of their respective authors, which may not be the views of Brain Canada, its employees, directors, officers, or partners.

The names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Site are trade-marks of Brain Canada or third parties. While certain third-party trademarks may be used by Brain Canada under license, the display of such trade-marks on the Site does not imply any relationship or license between Brain Canada and the owner of the trade-mark, nor does it imply that Brain Canada either recommends or endorses the products, services or business processes of the said trade-mark’s owner. Other trade-marks and trade names may also be used on this Site. The use or misuse of any trade-marks or any other Content on the Site except as provided in these Terms of Use is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without Brain Canada’s prior written permission.

Brain Canada does not warrant that your use of the Content on the Site will not infringe the rights of third parties.

License and Restrictions on Use

Brain Canada hereby grants you a non-exclusive, limited, revocable, non-transferable, and non-sublicensable license to access the Site and share, copy, download or print any Content contained on the Site for your personal and non-commercial use, provided that you do not modify or delete any copyright, trade-mark or other proprietary notice that appears on such Content. Brain Canada may revoke the license at any time in its sole discretion.

As a condition of your use of the Site, you agree:

• not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms of Use;
• not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
• not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms of Use or as expressly provided under applicable law;
• not to use the Site to distribute viruses or malware or other similar harmful software code;
• not to represent or suggest that we endorse any other organization, business, product or service unless we have separately agreed to do so in writing; and
• that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

Content Shared by You

The Site may provide features that allow you to share, upload or submit Content or interact with other users of the Site.

You hereby grant to Brain Canada a worldwide, non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable right and license to use, reproduce, store, distribute, adapt, translate, modify, make derivative works from, transmit, publicly perform or display such Content for purposes related to Brain Canada’s operations, mission, and contractual and legal obligations, in any medium or form.

You are responsible for the legality, reliability, appropriateness, originality and copyright of all Content that you share, upload or submit. Brain Canada is not responsible for any loss, damage, or corruption that may occur with respect to any Content you share, upload or submit to the Site.

With respect to all Content that you share, upload or submit to the Site, you represent and warrant that (a) you have the right to share, upload or submit such Content to the Site and that you have all obtained all necessary consents to provide such Content to us, (b) your sharing, uploading or submission of such Content complies with all applicable laws, (c) your sharing, uploading or submission of such Content does not violate or infringe upon the rights of any third party, and (d) such Content is not unlawful, fraudulent, proprietary, false, threatening, abusive, libellous, defamatory, obscene, profane, indecent, offensive, illegal or confidential in any way whatsoever.

You agree that we shall be entitled to disclose your name with any such Content that we may choose to publish. Any personal information you supply with your Content may be used by us in accordance with Brain Canada’s Privacy Policy.

With respect to Content that is shared, uploaded or submitted (a) for purposes other than those related to a specific grant application or donation or (b) to any part of the Site other than the Brain Canada SmartSimple portal, such as content you provide to our social media pages, you acknowledge and agree that such Content may become publicly accessible. With respect to any such Content, the Site is not a secure means of communication and any information you supply to us may not be kept confidential.

Conduct on the Site

Your use of the Site must at all times comply with all applicable laws, rules and regulations.

You will not use the Site or share, upload or submit Content or computer programs on the Site in any manner which is malicious or technologically harmful, could damage, disable, overburden or impair the Site or the facilities and/or services that are available on it or interfere with any other party’s use of the Site, its facilities and/or services.

You will not use the Site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam), or share, upload or submit on the Site any Content that may be regarded as constituting a commercial electronic message.

You may not attempt to gain unauthorized access to the Site, its facilities and/or services or any accounts, computer systems and networks connected to the Site or any other site operated by Brain Canada through hacking, password mining or any other means. You will not delete or revise any Content shared, uploaded or submitted by any other person or entity. You shall not attack the Site via a denial of service attack.

You agree not to use the Site to harvest or otherwise collect by any means any program material or any information whatsoever (including without limitation email addresses, passwords or other personal information of other users), and will not make any submission which solicits confidential or personal information from other users.

Links to Third Party Sites

This Site contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites and is not subject to these Terms of Use. Your access to any other websites through the Site is at your own risk. Brain Canada makes no representation or warranty regarding any linked websites, or any information or any of the resources, products or services appearing, available or described thereon. Brain Canada not responsible or liable for the accuracy of any information, data, opinions or statements made on third party websites or the security of any link or communication with third party websites. Brain Canada reserves the right to terminate or remove a link to a third party website at any time. Brain Canada provides links to third party websites for your convenience and the fact that Brain Canada provides any such links does not mean that Brain Canada sponsors, endorses or authorises such websites.

Accuracy and Availability

While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise, whether expressly or by implication, that any Content is or will remain available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on the Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms of Use shall operate to prejudice any mandatory statutory requirement or your statutory rights.

Content on the Site is provided for your general information purposes only and to inform you about us and our resources, news, services and other websites, which may be of interest. It does not constitute medical, technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.

While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.

Disclaimer of Warranty and Limitation of Liability

The Site and all facilities, services and Content on the Site are provided to all users on an “as is” and “as available” basis. Except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms, whether express or implied, statutory or otherwise, in relation to the provision of the Site, including without limitation as to availability, completeness, accuracy and currency of any Content on the Site, uninterrupted or error-free operation, or as to satisfactory quality, title, operability, functionality, merchantability, non-infringement or fitness for a particular purpose.

There are certain inherent risks in using the Internet and the World Wide Web, and by accessing and using the Site you indicate your understanding that your use and the use generally of the Site cannot be guaranteed to be free from interference by third parties or to remain private and confidential.

To the fullest extent permitted by applicable law, neither Brain Canada nor any of its directors, officers, employees, agents or other representatives will be liable for direct, indirect, incidental, consequential, punitive or exemplary damages or losses, howsoever caused, arising out of or in connection with your use, inability to use or reliance on any facilities, services and/or Content offered through or from the Site or the acts or omissions of any third party such as other users of the Site, including but not limited to damages or losses related to loss of data, work stoppage, computer failure or malfunction, business interruption, loss of income, profit or opportunity, loss of or damage to property and claims of third parties, under any legal theory, regardless of any negligence or other fault or wrongdoing by Brain Canada, even if Brain Canada knew of or ought to have known of the possibility of such damages or losses.

Notwithstanding any other provision of these Terms of Use, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.

Indemnity

You agree to defend, indemnify and hold harmless Brain Canada and its directors, employees, agents, suppliers and any of our third party information service providers or other representatives from and against any and all claims, demands, proceedings, losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of these Terms of Use, any claims made by or liabilities to any third party resulting from any activities relating to your use or misuse of the Site or any allegation that any Content that you make available or create through the Site infringe the intellectual property rights of any third party.

Suspension and Termination

Failure to comply with these Terms of Use or applicable law may result in (a) temporary or permanent withdrawal of your right to use the Site, (b) temporary or permanent removal of any Content uploaded by you to our Site, (c) legal action against you for reimbursement of all damages and losses resulting from the breach or (d) subject to applicable law, disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

Changes in Terms of Use

These Terms of Use are effective as of the date set out at the end of these Terms of Use (the “Effective Date”). No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to change these Terms in our sole discretion and from time to time. Our new Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any changes made by us. It is your responsibility to check these Terms from time to time to verify such changes.

Jurisdiction and Governing Law

These Terms of Use shall be governed in all respects by the laws of the Province of Quebec and the laws of Canada applicable therein, without giving effect to its conflicts of law provisions. Both parties submit to the exclusive jurisdiction of and venue in the provincial and federal courts in the judicial district of Montreal, Quebec.

General

Unless otherwise expressly stated in these Terms of Use, all notices from you to us must be in writing and sent to our contact address provided below in the section entitled “Questions and Comments”, and all notices from us to you will be displayed on our website from time to time.
We shall have no liability to you for any breach of these Terms of Use caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

If any part of these Terms of Use is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms of Use will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

These Terms of Use, together with the Privacy Policy and any other terms expressly referred to in these Terms of Use and incorporated by reference, contain the entire understanding and agreement between us and you in relation to your use of the Site and its facilities and/or services, and supersede and replace any representation, statement, understanding, agreement and other communication whether oral or written made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Any consent by Brain Canada to, or waiver of, a breach of these Terms of Use shall not constitute a consent to, or waiver of any other, different or subsequent breach.

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms of Use to any other person.

Any provision of these Terms of Use that expressly or by implication is intended to come into or continue in force on or after termination of these Terms of Use shall survive expiration or termination of these Terms of Use.

The parties acknowledge that they have required that these Terms of Use and all related documents be prepared in English. Les parties reconnaissent qu’elles ont exigé que les présentes Conditions d’utilisation et tous les documents connexes soient rédigés en anglais.

Questions and Comments

If you wish to contact us to discuss any matter in relation to these Terms of Use, please feel free to contact us at Brain Canada Foundation, 1200 McGill College Avenue, Suite 1600, Montreal, Quebec, H3B 4G7, or by telephone at +1 (514) 989-2989.

Effective date: October 16, 2022