Terms of Use

Athari Global Workforce Solutions (“Athari”) Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR PLATFORM.

Welcome 

These Terms of Use (the “Terms of Use” or “Agreement”) govern the use of the Athari Platform, including the Athari website (online and mobile) (collectively “the Athari Platform”) developed and maintained by 14944569 CANADA INC. (“the Association”, “us”, “our”, or “we”). 

Athari seeks to empower job seekers who have intellectual disabilities and employers to come together for successful and supported employment opportunities. The Athari Platform may be used by individual job seekers, employers, and employment support providers (collectively referred to as the “Users” or “you” or “your”). Athari provides access to a dedicated marketplace of employment opportunities for people with intellectual disabilities and offers a supported process that will assist job seekers to create profiles that accurately capture their skills and career goals and ideas. The Athari Platform also supports employers to identify their recruitment needs and expand their workforce and employment support professionals to manage customer relations and track employment success outcomes. 

Acknowledgement and Agreement to be Legally Bound by Terms of Use

By accessing and using the Athari Platform and website, whether job seeker, employer or employment support professional, you, as a Customer, or a Service Provider (collectively referred to herein as “you” or “your”) you signify that you have read, fully understand and AGREE to be legally bound by these Terms of Use and AGREE to comply with all applicable laws and regulations as they may change from time to time. 

BY USING THE PLATFORM AND ACCESSING THE ATHARI WEBSITE, OR BY CLICKING TO ACCEPT THE TERMS OF USE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT [INSERT LINK]. 

IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM.

By using the Athari Platform, you REPRESENT and WARRANT that you are of the legal age of majority under applicable law to form a binding contract with the Association and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

We recommend you print a copy of these Terms of Use for your records.

Changes to These Terms of Use

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without further notice and without incurring any liability or obligation. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. We will indicate at the top of this page the date these Terms of Use. You AGREE to periodically review the Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these.

By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Platform.

You hereby ACKNOWLEDGE and AGREE that we reserve the right at any time to modify or discontinue the whole, or any part of, the Athari Platform, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

Definitions

For the purposes of these Terms of Use:

“Account” means a unique Account created for you to access our Platform or parts of our Platform.

 

“Content” has the meaning as set out in these Terms of Use ,

 

“Platform” means the Platform “Athari”, accessible from https://www.Athari.ca

 

User: An individual interacting with the Athari Platform, for any reason, including consuming information about Athari, including but not limited to a job seeker, an employer and an employment support professional

 

User Registration and Account Creation

You may be required to register and create an Account to have access to the Athari Platform.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an Account, your Account is personal to you and you agree not to provide any other person with access to this Platform or portions of it using your Account, password, or other security information. 

You AGREE to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (c) all activities that occur under such password(s) or account(s). It is your responsibility to keep the password you provided confidential and secure.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your Account at the end of each session. You are responsible for any password misuse or any unauthorized access. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. The Association cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

We recommend you choose a secure password that is not easily guessed by others and update it regularly, at least every three (3) months.

In the event that you do not provide accurate information or do not update such information if it changes, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using your account, the Athari Platform, or any features of the Athari Platform.

Privacy

The Association receives information that is provided directly to us by you. We may also receive information indirectly such as anonymous information obtained by your web-browser or electronic device. Without limiting the generality of these Terms of Use, your use of the Athari Platform is also subject to our PRIVACY POLICY, found at [INSERT LINK]. Please carefully review our Privacy Policy. If you are sharing information about any other person, you must have their consent to do so. 

You may withdraw your consent to these Terms of Use at any time. Existing users may request to have their Account and personal data deleted at any time in accordance with our Privacy Policy. 

NOTE: Third parties may have access to your personal and account information and data in accordance with these Terms of Use.

The information you provide through the Athari Platform is maintained on secure services located in [INSERT LOCATION]. 

The Association takes your privacy seriously. We have physical, organizational and technical measures in place to protect your privacy and keep your information and data secure. However, despite our efforts to implement appropriate safeguards, we cannot guarantee that your information will never be used, disclosed or altered in an unauthorized way. 

User Representations

By using the Athari Platform, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity you agree to comply with these Terms of Use; (4) you are not a minor (under the age of majority) in the jurisdiction in which you reside; (5) you will not access the Athari Platform through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Athari Platform for any illegal or unauthorized purpose; (7) you will not promote any illegal activity, or advocate, promote or assist any unlawful act on or via the MyJob Platform or give the impression that any of your Content on the Athari Platform originates from or is endorsed by us or any other entity or person, if this is not the case; (8) your Content will not, in the sole and absolute discretion of the Association degrade, tarnish, or deprecate Athari and the Association or any of its affiliates (including without limitation, other Users, and sponsors and endorsers of Athari and/or the Athari Platform); and (9) your use of the Athari Platform will not violate any applicable law or regulation, including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy found at [INSERT AS LINK TO PRIVACY POLICY].

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any portion thereof).

Prohibited Activities

You may not access or use the Platform for any purpose other than for the purposes approved by the Association. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Platform, you AGREE not to:

  • Use any information obtained from the Platform in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Platform in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Platform.
  • Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, worms, defects, data bombs, time bombs, or other material that is malicious or technologically harmful, including excessive use of capital letters and spamming (continuous posting of repetitive text), hacking, flooding, or defacing of the Athari Platform that interferes with any User’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Delete the copyright or other proprietary rights notice present on any part of the Platform or otherwise interact with the Athari Platform in a way that infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims whatsoever.
  • Attempt to impersonate another User or person or use the username of another User or collect, use and/or disclose information and/or references to a third party without consent. 
  • Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Athari Platform to you, or any other Users.
  • Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Athari Platform, or any portion of the Athari Platform.
  • Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, offline reader or automatic device, process or means to access the Platform, or using or launching any unauthorized script or other software.
  • Make any unauthorized use of the Platform, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user Accounts by automated means or under false pretenses.
  • Use the Athari Platform as part of any effort to compete with us.
  • Sell or otherwise transfer your Account.

 

User-Generated Content

The Athari Platform may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Athari Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Content“). Content may be viewable by other users of the Platform within and/or outside your/your organization’s Account. When you create or make available any Content, you thereby represent and warrant that:

  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Content in any manner contemplated by the Athari Platform and these Terms of Use.
  • Your Content does not contain or include any individual’s personal health information (as defined by the appropriate health information legislation in your jurisdiction) or personal information of a third party, unless you have their consent.
  • Your Content is not false, inaccurate, or misleading.
  • Your Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Content is not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, libelous, slanderous, pornographic, or otherwise objectionable (as determined by the Association at its sole and absolute discretion). 
  • Your Content does not ridicule, mock, disparage, intimidate, or abuse anyone, including us.
  • Your Content is not used to harass or threaten another person and to promote violence against a specific person or group of people.
  • Your Content does not violate any applicable law, regulation, or rule.
  • Your Content does not violate the privacy or publicity rights of any third party.
  • Your Content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Content does not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct, as may be deemed, in the sole and absolute discretion of the Association. 
  • Your Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Athari Platform and the deactivation of your Account.

By using any such features and/or portions and providing User Content, you are giving the Association and/or the applicable third party entity permission to use any User Content you submit on or through the Platform for the purpose of operating the Platform in accordance with these Terms of Use. You may decide to discontinue use of the Platform and can request that your account be de-activated. However, some copies of your Content may be retained for the purpose of operating the Platform in accordance with these Terms of Use.

By using the Athari Platform and providing Content, you: 

GRANT to the Association and/or the applicable third party entity a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, and distribute, any and all Content (in any format or media) that you post on, upload or otherwise submit to or through, the Athari Platform for the purpose of operating the Athari Platform in accordance with these Terms of Use.

Athari reserves the right, in our sole and absolute discretion at any time and for any reason, to modify, edit or remove any Content (or any portion thereof) for any purpose in our sole discretion. To complain about any Content, and/or to provide notice of allegedly infringing materials on the Platform, please contact us at [insert contact]. 

 

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Athari Platform (“Submissions“) provided by you to us are non-confidential. If you choose to provide Submissions to the Association,  you grant and you represent and warrant that you have the right to so grant us: (i) a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all Submissions (in any format or media) that you post on, upload or otherwise submit to or through, the Athari Platform or otherwise provide us; and (ii) waive all moral rights in and to all Ideas that you submit. This means that, among other things, the Association has the right to use any and all Submissions you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever. For greater certainty, Ideas do not include your account information, including without limitation, your financial information, expenses, transactions, and budget.

Intellectual Property Rights

You understand and agree that the Athari Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, source code, data text, databases, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, layout, selection, and arrangement, are owned by Athari, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Athari name, the Athari Platform logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Association or its affiliates or licensors. You must not use such marks without the prior written permission of the Association. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Athari Platform are the trademarks of their respective owners. Trade-marks may be registered in Canada and in other countries as applicable Use of any such property, except as expressly authorized, may constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. Nothing contained herein or on this Platform may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s).

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Athari Platform, in any form or medium whatsoever except:

  1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
  3. in the event social media platforms [INSERT LINK TO THE SOCIAL MEDIA FEATURES] are linked to certain content on the Athari Platform, you may take such actions as our Platform and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from the Athari Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform. 

If you print off, copy, or download any part of the Athari Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Athari Platform or to any content on the Athari Platform, and all rights not expressly granted are reserved by the Association. Any use of the Athari Platform not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

We reserve all rights not expressly granted to you in and to the Athari Platform, the code and the intellectual property described herein.

Platform Management

We reserve the right, but not the obligation, to: (1) monitor the Athari Platform, including screening, editing, or removing Content and Submissions, for violations of these Terms of Use; (2) take appropriate action, including legal action, against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your Account, as well as any of your Content or Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Athari Platform or otherwise disable all files, Submissions and Content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Athari Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Athari Platform.

While commercially reasonable efforts will be made, we cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or Content or Submissions, provided by any User or third party, subject to applicable laws. We also cannot guarantee that the Platform is suitable for use on a wide variety of systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the Athari Platform with your specific system. You should always ensure that you have a complete and current backup of the information contained on your computer system.

Accuracy and Changes:

Facts, information and material on the Athari Platform is believed to be accurate when placed on the Athari Platform.  Facts, information and material on the Athari Platform may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Athari Platform is restricted to Users or unavailable at any time or for any period.

Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Athari Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Athari Platform infringes your copyright, you should consider first contacting legal counsel. 

Links to Other Websites

This Athari Platform may contain links to websites that are owned and operated by third parties. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any such subsidiaries, affiliates or third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit.

Any links from the Athari Platform to other websites, or references to products, services or publications other than those of Athari do not imply the endorsement or approval of such websites, products, services or publications by the Association.

In the event of any discrepancy or inconsistency between these Terms of Use and disclosures or other statements contained in any websites featured on the Athari Platform or linked to the Athari Platform; the terms and conditions of these Terms of Use shall prevail, govern and control to the fullest extent permitted by law.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The Athari Platform must not be framed on any other site, nor may you create a link to any part of them Athari Platform other than the homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Termination

We may remove, terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.

Upon termination, your right to use the Athari Platform will cease immediately.

Limitation of Liability & User Indemnity

TO THE GREATEST EXTENT PERMITTED BY LAW, THE ASSOCIATION AND EACH OF ITS RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE PLATFORM. YOU EXPRESSLY ACKNOWLEDGE THAT THE ASSOCIATION HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE ATHARI PLATFORM AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE ASSOCIATION. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Some provinces do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these provinces, each party’s liability will be limited to the greatest extent permitted by law.

Notwithstanding any damages that you might incur, the entire liability of the Association to you under any provision of these Terms (and your exclusive remedy) shall be limited to the amount actually paid by you through the Platform, otherwise $100 CAD.

Indemnity: 

BY USING THE PLATFORM, YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGE OR EXPENSE ASSERTED BY ANY ENTITY RELATING IN ANY WAY TO YOUR ACTIONS ON THE PLATFORM, USER CONTENT, SUBMISSIONS, AND/OR BREACH OF THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADE-MARK INFRINGEMENT OR ANY OTHER CAUSE OF ACTION WHATSOEVER.

 

“AS IS” and “AS AVAILABLE” Disclaimer

THE ATHARI PLATFORM AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE ATHARI PLATFORM WILL BE COMPATIBLE WITH YOUR COMPUTER, SOFTWARE OR OTHER DEVICE; (II) THE PLATFORM WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE ATHARI PLATFORM, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE ATHARI PLATFORM WILL BE SECURE; (V) THE USE OF THE ATHARI PLATFORM WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE ATHARI PLATFORM WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, DEVICE, SOFTWARE OR ELECTRONIC FILES.   

ANY INFORMATION MADE AVAILABLE ON THE ATHARI PLATFORM IN ANY FORM IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT, AND SHOULD NOT BE TAKEN AS FINANCIAL, LEGAL, MEDICAL OR OTHER PROFESSIONAL ADVICE. YOU SHOULD NOT RELY ON, OR TAKE OR FAIL TO TAKE ANY ACTION, BASED UPON THIS INFORMATION. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE ATHARI PLATFORM.

COMMENTS OR OPINIONS EXPRESSED ON THE ATHARI PLATFORM ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE PLATFORM AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF THE ASSOCIATION.THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE ATHARI PLATFORM.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE ATHARI PLATFORM ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION. 

Governing Law and Jurisdiction 

The Platform and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. You hereby irrevocably submit to the exclusive jurisdiction of the courts of in Ontario in relation to all disputes arising from or related to this Agreement, your use of the Athari Platform and any related matters.

Dispute Resolution

If you have any concern or dispute about the Platform, the following process will apply: 

D1. Negotiation

You agree to make a good faith attempt to resolve any dispute or differences between us and you by way of informal negotiations. In case of a dispute, you must send written notice to the Association (“Dispute Notice”) to [insert contact information]. You and the the Association shall first attempt in good faith to resolve any dispute set forth in the Dispute Notice through dialogue, negotiation and consultation. In the event that such dispute is not resolved on an informal basis within thirty (30) Business Days after you deliver the Dispute Notice to the Company, you may, by written notice, initiate mediation under section D2. 

D2. Mediation

If either you or the Association initiates mediation as provided for in section D1,, they may submit the dispute to any mutually agreed  mediation service for mediation. Both parties agree to use commercially reasonable efforts in participating in the mediation. The mediator’s fees and expenses (and the costs incidental to the mediation) will be shared equally between the parties. The place of the mediation shall be Ontario, Canada, unless the parties both agree to a virtual mediation. The language of the mediation shall be English.

D3. Arbitration 

If the dispute cannot be resolved for any reason by the mediation process in D2, either you or P4G may commence binding arbitration. Arbitration will take place in Ontario, Canada, be conducted by a sole arbitrator, and follow the Ontario’s Arbitration Act. The language of the arbitration shall be English. Any arbitration award issued under this section D3 will be final and binding on the merits of the dispute, and not subject to appeal, including on a question of law. 

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable, illegal or invalid in any jurisdiction, it will be considered severed from the Terms, and the remaining provisions of these Terms will continue in full force and effect.

Waiver

Except as provided herein, no failure to exercise, or delay to exercise a right, remedy, power or privilege or to require performance of an obligation under these Terms operates, or may be construed as a waiver thereof and no single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 

Translation Interpretation

These Terms of Use may have been translated if we have made them available to you on Our Platform. You agree that the original English text shall prevail in the case of a dispute.

Contact Us

In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us: