TERMS OF USE

Last Updated: September 15 2022

The York University Student Centre (“YUSC”, “we”, “us”, “our”) operates and maintains several websites (http://yusc.ca/; https://mybreakroom.ca/; https://cornerstoneyork.ca/; https://yuscportal.ca/) (each, a “Site”) and the YUSC application(s), including all of their content (collectively, the "Platform"). By accessing, browsing, or using any Site, you accept and agree to these terms and conditions (the "Terms"), as well as to all terms and conditions in our Privacy Policy (found here).

All material provided on the Platform is provided for informational purposes only and does not replace either official documents (except where the material on the Platform is identified as being the official version of a document), or the advice of a qualified professional.

YUSC may amend the Terms at any time without notice. It is your responsibility to review the Terms each time you use the Platform. You can tell if the Terms have changed by ‎checking the revision date that ‎appears at the top of these Terms.‎ Please exit the Platform immediately if you do not accept or agree to the Terms.

  1. Ownership

All content, designs, graphics, pictures, illustrations, software, artwork, video, sound, names, words, titles, phrases, logos, and trademarks displayed on the Platform are owned by YUSC, its licensors, or the party identified as owner, and are protected by copyright, trademark and intellectual property laws, and treaty provision laws. You do not acquire ownership rights to any content on the Platform by accessing or using the Platform, and our posting of ‎content on the Platform is not a waiver of any right in or to that content.‎

  1. CHANGES

We may add new features to the Platform, remove existing features from the Platform, or otherwise modify the ‎Platform and its contents (including their functionality, “look-and-feel”, universal resource locators and ‎software components), all without notice to you.‎

  1. YUSC PORTAL Account

The YUSC Portal element of the Platform (https://yuscportal.ca/) requires a user name and password. You must keep your user name and password confidential, and you must not allow anyone else to access ‎or use your password or your account. You are responsible and accountable for all use of your user name and password and for all activity conducted ‎through your YUSC Portal account. You must immediately notify us if you become aware of or reasonably ‎suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password. You are ‎responsible for changing your password immediately after a new password has been ‎issued to you by YUSC.  

  1. Use

You must access and use the Platform in accordance with these Terms. You must not, without our prior written permission, use the Platform for purposes other than your own personal, non-commercial use. You acquire no rights or licences to the Platform other than the limited right to use the Platform in accordance with these Terms.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a terrorist supporting country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.

  1. Disclaimer

Your use of the Platform is at your sole risk and you are fully responsible for any consequences resulting from your use of the Platform. The Platform is provided "as is", “as available”, and without warranties of any kind, whether express or implied, including: (a) implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose; and (b) any warranties that access to the Platform is uninterrupted or error-free, that defects will be corrected, that the Platform or the server that makes it available is secure or free of viruses or other harmful material, or that content on the Platform is complete, accurate, or timely. While efforts are made to verify the Platform’s content, the Platform may contain typographical or other errors and should not be assumed to be error free. In addition, some content on the Platform may have been provided by third parties and has not necessarily been verified by YUSC.

You acknowledge that your access to and use of the Platform and its contents will ‎not be free of interruptions, that the Platform and its contents may contain bugs, ‎errors, inaccuracies or other limitations, and that the Platform may be unavailable ‎from time to time.‎

Applicable law may not allow limitations or exclusions on warranties, so the ‎limitations set out above may not apply to you.‎

  1. Limitation of Liability

To the fullest extent permitted by applicable law, YUSC, its directors, officers, stakeholders, employees and/or agents (the “Releasees”) are not liable to you for any damages, harm, or injury whatsoever (including direct, indirect, incidental, special, or consequential damages, lost profits, or damages resulting from lost data or business interruption) arising directly or indirectly from or relating to the use of or inability to use the Platform or its contents, whether based on warranty, contract, tort (including negligence), or other legal theory, regardless of whether any of the Releasees has been negligent or has been advised of the possibility of such damages.

To the fullest extent permitted by applicable laws, you release the Releasees from ‎all claims, actions, liabilities and damages of any kind relating to or arising ‎from your access to and use of (or your inability to access and use) the Platform or ‎its contents.‎

Applicable law may not allow limitations or exclusions of liability, so the ‎limitations set out above may not apply to you.‎

  1. Indemnification

You will defend, indemnify, and hold harmless the Releasees from and against all claims, actions, demands, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to your browsing or use of the Platform, content that you transmit to the Platform, or your breach of any of the Terms.

  1. Submissions

All information you submit to YUSC via the Platform or by email (collectively, “Submissions”) will be deemed ‎and remain the ‎property of YUSC. In connection with this, you grant us a non-exclusive, perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free licence to use, for ‎any purpose, any ideas, concepts, know-how, or ‎other information contained in Submissions.

YUSC will not ‎be subject to any ‎obligations of confidentiality regarding any Submissions.

  1. Third Party Sites and linking

The Platform may contain links to third party websites that are independently developed and maintained. These links are provided solely for your convenience, and they are not an endorsement or referral by us‎. YUSC does not control and is not responsible for the content of any third-party website and does not endorse the information contained on such third-party websites or guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose.

If you wish to provide a link to the Platform from your own website, you may only link to our home page at ‎‎<www.yusc.ca>. You may not use any of our icons or logos on your website without our prior ‎written approval, and you may not use the link to suggest that we sponsor, endorse, approve of or are ‎affiliated with you or your website.‎

  1. Rules

Whenever you access or use the Platform, in addition to complying with these Terms, you must comply with all ‎applicable laws, including privacy laws. You must also comply with all policies, rules, and procedures that we implement with ‎respect to the Platform from time ‎to time, including that you must not: (a) use any device, software or routine to interfere ‎or attempt to interfere with the proper working of the Platform; (b) use the Platform in any manner that could damage, disable, overburden, or impair the Platform or ‎interfere with any other party's use and enjoyment of the Platform;‎ (c)  install or use any third-party software or technology in any way that would subject ‎the Platform or our intellectual property or technology to any other licence terms; (d) work around any technical limitations in the Platform; ‎(e) remove, circumvent, disable, damage, or otherwise interfere with any security features, access control technology, or ‎‎technological protection mechanisms, or features that enforce limitations on use of the Platform, that may be included in or as part of the ‎Platform; ‎ (f) interfere with ‎the functioning of the Platform; (g) collect users’ or our content or information or otherwise access the Platform using automated ‎means ‎‎(such as harvesting bots, robots, spiders, or scrapers) without our permission; (g) upload to, distribute or otherwise publish any content that is defamatory, obscene, threatening, ‎invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that may ‎constitute or encourage a criminal offence, violate the rights of any party or that may otherwise ‎give rise to liability or violate any law; or (h) engage in harassment in any manner, including via e-mail, chat, or by use of obscene, offensive ‎or abusive language (as determined by us in our sole discretion)‎‎‎.

  1. Security and Safety

Any information sent or received over the internet is generally not secure, and privacy cannot be ensured. YUSC maintains reasonable security precautions but cannot guarantee the security of any communication to or from the Platform.

You are solely responsible for implementing and maintaining, at your own cost, ‎appropriate anti-virus and other protective software on the devices from which you access ‎and use the Platform. Without limiting any other part of these Terms, to the maximum extent permitted by applicable law, the Releasees disclaim all ‎liability for any computer viruses or other harmful or destructive software programs that you may download from or through the Platform.‎

  1. SPECIAL PROVISIONS FOR MOBILE APPLICATIONS
  1. App Stores. You acknowledge and agree that the availability of the YUSC app(s) is dependent on the ‎third party from whom you received the YUSC app(s) license, e.g., the Apple App Store or Google Play ‎‎(“App Store”). You acknowledge that these Terms are between you and YUSC and not with the ‎App Store. YUSC and not the App Store is solely responsible for the Platform. In order to use the YUSC app(s), you must ‎have access to a wireless network, and you agree to pay all fees associated with such access. You also ‎agree to pay all fees (if any) charged by the App Store in connection with the YUSC app(s). You agree to ‎comply with, and your license to use the YUSC app(s) is conditioned upon, your compliance with, all ‎applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the YUSC app(s). You acknowledge that the App Store (and its subsidiaries) are third-‎party beneficiaries of these Terms and will have the right to enforce them.‎
  2. Additional License Terms for use of the YUSC app(s) in conjunction with the Apple App Store. With ‎respect to any YUSC app(s) accessed through or downloaded from the Apple App Store (each, an “iOS Application”), you will only use the iOS Application (i) on an Apple-branded ‎products that runs the iOS (Apple’s proprietary operating system), and (ii) as permitted by the “Usage ‎Rules” set forth in the Apple Terms of Service. The following applies to any iOS ‎Application accessed through or downloaded from the Apple App Store:‎
    • You acknowledge and agree that (i) these Terms are between you and YUSC ‎only, and not Apple, and (ii) YUSC, not Apple, is solely responsible for the iOS Application and content thereof. Your use of the iOS Application must ‎comply with the App Store Terms of Service.‎
    • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support ‎services with respect to the iOSApplication.‎
    • In the event of any failure of the iOS Application to conform to any applicable ‎warranty, you may notify Apple, and Apple will refund the purchase price for the iOS Application to you. To the maximum extent permitted by applicable law, Apple will ‎have no other warranty obligation whatsoever with respect to the iOS Application. ‎As between YUSC and Apple, any other claims, losses, liabilities, damages, costs or ‎expenses attributable to any failure to conform to any warranty will be the sole responsibility of ‎
    • Apple is not responsible for addressing any claims you have or any claims of any third party relating ‎to the iOS Application or your possession and use of the iOS ‎Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and ‎‎(iii) claims arising under consumer protection or similar legislation.‎
    • In the event of any third-party claim that the iOS Application, or your possession and ‎use of that iOS Application, infringes that third party’s intellectual property rights, ‎YUSC, not Apple, will be solely responsible for the investigation, defense, settlement and ‎discharge of any such intellectual property infringement claim to the extent required by these Terms.‎
    • Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your ‎license of the iOS Application, and that, upon your acceptance of the terms and ‎conditions of these Terms, Apple will have the right (and will be deemed to have accepted the ‎right) to enforce these Terms as related to your license of the iOS Application ‎against you as a third-party beneficiary thereof.‎
    • Without limiting any other terms of these Terms, you must comply with all applicable third-party ‎terms of agreement when using the iOS Application.‎
  3. Additional License Terms for use of the Services in conjunction with the Android App Store. The ‎following additional terms and conditions apply with respect to any YUSC app(s) designed for use on an ‎Android-powered mobile device (each, an “Android App”):‎
    • You acknowledge that these Terms are between you and YUSC only, and not with ‎Google, Inc. (“Google”).‎
    • Your use of YUSC’s Android App must comply with Google’s then-current Google Play Terms of ‎‎
    • Google is only a provider of the Android App market where you obtained the Android App. YUSC, and not Google, is solely responsible for YUSC’s Android App and the services and ‎content available thereon. Google has no obligation or liability to you with respect to YUSC’s ‎Android App or these Terms.‎
    • You acknowledge and agree that Google is a third-party beneficiary to these Terms as it ‎relates to YUSC’s Android App.‎
  4. Geo-Location Terms. The YUSC app(s) may include and/or make use of certain functionality and ‎services provided by third-parties that allow the YUSC app(s) to include maps, geocoding, places and other ‎content as part of the services (the “Geo-Location Services”). The Geo-Location Services may be ‎provided by Google Inc., in which case your use of the Geo-Location Services will be subject to Google’s ‎then current Terms of Use for Google Maps/Google Earth. By using Google’s Geo-Location Services, ‎you are agreeing to be bound by Google’s Terms of Use and the current Google privacy policy.
  5. Updates to YUSC app(s). We may, but have no obligation to, update the YUSC app(s) (including by fixing ‎bugs, adding, removing or enhancing functionality, changing the interface or look and feel, or issuing new ‎versions) at any time without notice. The YUSC app(s) may automatically download and install these updates ‎from time to time, and you agree to receive those updates (and permit us to deliver these to you) as part ‎of your use of the YUSC app(s). These Terms will govern any updates that we provide that replace or ‎supplement the YUSC app(s).‎

 

  1. Termination

YUSC may in its sole discretion restrict or terminate your access to the Platform at any time for any reason or no reason, without notice. In the event of termination, you are no longer permitted to access the Platform. The York University Centre is not liable to any party for such termination.

  1. Based in Canada

YUSC operates the Platform from Canada, and makes no representation that the Platform or its contents ‎are appropriate or available for use in any particular jurisdiction. Those who access the Platform from other ‎locations do so on their own initiative and are responsible for compliance with local laws, if and to the ‎extent local laws are applicable.‎

  1. Privacy & Legal

We will collect, use and disclose personal information as described in our Privacy Policy, which is available ‎‎. YUSC complies with the federal Personal Information Protection and Electronic Documents Act.

You consent to the collections, uses and disclosures of your personal information for the purposes ‎described in our Privacy Policy.‎ You should carefully review our Privacy Policy to understand how we collect, use, and disclose your information.

  1. Other Agreements

If there is any conflict between these Terms and any other written and fully-signed agreement between ‎you or your business and YUSC, the latter agreement will prevail. ‎

  1. Events Outside our Control

YUSC will not be liable or responsible for any failure to perform, or delay in performance of, any of our ‎obligations under these Terms that is caused by events outside our reasonable ‎control. ‎

  1. Governing Law

The Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, and these laws apply to the access and use of the Platform and its contents, notwithstanding any conflict of laws provisions of your domicile, residency or physical location. You attorn to the exclusive jurisdiction of the courts of the Province of Ontario and all courts competent to hear appeals therefrom in any action or proceeding instituted under or related to your use of the Platform.

The Platform is intended for use only in jurisdictions where it may lawfully be offered for use.

  1. General Provisions

The Terms, including any documents referenced in these Terms, constitute the entire agreement between you and YUSC relating to your access to and use of the Platform and its contents. Any failure to insist upon or enforce strict performance of any provisions of the Terms is not to be construed as a waiver of any provision or right. If any of the provisions contained in the Terms is determined to be void, invalid, or unenforceable, then that determination does not affect the remaining provisions. The Terms are binding upon you, your heirs, executors, administrators, successors and permitted assigns.

  1. Copyright and Trade-mark Notices

© York University Student Centre, 2019. All rights reserved. No part of the Platform may be reproduced, modified, distributed, sold, published, broadcast, or retransmitted in any form, including on any other website, without the prior written consent of YUSC.

The York University Student Centre name and YUSC are our trademarks and trade names. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Platform may constitute marks, badges, crests and emblems of YUSC or marks of third parties. The display of any such marks or names on the Platform does not imply that YUSC or ‎third parties have granted a licence or authorization of ‎any kind to use such marks or names.‎