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Terms and Conditions

Last update to Terms and Conditions – January 9, 2023

BEFORE USING OUR SITES, PLEASE READ THE TERMS AND CONDITIONS CAREFULLY.

These terms and conditions constitute a legally binding agreement between you (“you”, “your”, or the “user”) and Black Professionals in Tech Network Inc. (“BPTN”, “we”, “us”, or “our”) when you access or use the Obsidi by BPTN website, www.obsidi.com, the Obsidi by BPTN platform, or any BPTN services, including, without limitation, Obsidi Recruit, Obsidi Member, Obsidi Communities, Obsidi Academy, Obsidi Events, or the Obsidi mobile application (collectively, the “Platform”) (the “Terms” or the “Agreement”). YOU MUST READ AND AGREE TO THESE TERMS BEFORE ACCESSING OR USING THE PLATFORM OR PURCHASING ANY BPTN SERVICES. By accessing or using the platform or purchasing any BPTN services from us, you indicate your understanding of, agreement to and acceptance of, these Terms. Your statutory consumer rights are unaffected.

OBSIDI BY BPTN

BPTN may, in its sole discretion, revise, change, update, add or remove provisions (collectively, “modifications”) of these Terms at any time. We will inform you of any modifications to these Terms by posting them on the Platform. Your access to and use of the Platform will be governed by the Terms as they exist at the time of such access and use and a new contract is formed in each instance based on the then current Terms, which may be different from previous versions of these Terms. You are bound by such modifications by continuing to use or visit the Platform after they are posted online. These Terms apply to all users of the Platform, including users who contribute content to the Platform. The Platform may contain interactive areas designed to allow you to post content on the Platform and/or comment, including by commenting on our blogs. The use of these features is additionally governed by the Code of Conduct described in these Terms.

USER ACCOUNTS

To access some features of the Platform, you may have to register for a BPTN user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You must notify BPTN immediately of any breach of security or unauthorized use of your user account.
Although BPTN will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of BPTN or others due to such unauthorized use.

OWNERSHIP OF PLATFORM CONTENT

As between you and BPTN, BPTN owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Platform (“Content”), including, without limitation, all written, audiovisual or other materials and graphical elements on the Platform.
The BPTN logos are trade-marks of BPTN, and may not be used without the express written permission of BPTN.

USER CONTENT

You may be able to post or upload (in designated areas of the Platform) written content or other content (collectively “User Content”) to the Platform.
You are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Platform, you automatically grant BPTN a worldwide, non-exclusive, royalty free, license to use, reproduce, modify, translate into different languages or formats, and publish such User Content on the Platform for the purpose of sharing the User Content with users and visitors of the Platform and to promote the Platform.
You represent and warrant that you own or have the rights to use and license BPTN to use the User Content in the manner contemplated by the Platform and these Terms.
By accessing and/or using the Platform, you may provide us with personal information as described in our Privacy Policy. You acknowledge that you have read and understood our Privacy Policy, which governs the collection, use, storage and disclosure of such personal information.

DISCLAIMER

YOUR USE OF THIS PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM AND CONTENT IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM IS WITH YOU. ANY USE OF OR RELIANCE ON THE PLATFORM AND ITS CONTENT SHALL BE AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE ARISING AT LAW OR IN EQUITY) WITH RESPECT TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR THOSE ARISING OUT OF A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BPTN DOES NOT WARRANT THAT THE PLATFORM OR CONTENT CONTAINED IN THIS PLATFORM WILL MEET YOUR NEEDS OR REQUIREMENTS OR THAT THE PLATFORM WILL CONTINUE TO OPERATE OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, OR SECURE OR THAT THE PLATFORM WILL BE COMPATIBLE WITH YOUR DEVICES OR RELATED EQUIPMENT OR SOFTWARE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF ERRORS, BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, BPTN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, THE ABILITY TO USE, OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. BPTN MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT OR THE PLATFORM AT ANY TIME. BPTN MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. BPTN MAKES NO REPRESENTATION OR WARRANTY AND THERE IS NO CONDITION AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM INCLUDING, WITHOUT LIMITATION, AS RELATED TO ANY PROSPECTIVE CANDIDATE OR EMPLOYEE, INCLUDING, WITHOUT LIMITATION, THE HIRING, THE QUALITY, OR ANY CHARACTERISTIC OF ANY PROSPECTIVE CANDIDATE OR EMPLOYEE.

LIMITATION OF LIABILITY

BPTN, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR INCOME OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, USE OR OTHER ECONOMIC ADVANTAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE IS OTHERWISE FORESEEABLE. OUR AGGREGATE LIABILITY SHALL NOT BE MORE THAN THE GREATER OF EITHER: (I) THE AMOUNTS THAT YOU HAVE PAID BPTN IN RESPECT OF THE SERVICES PURCHASED BY YOU IN THE THIRTY (30) DAY PERIOD THAT IMMEDIATELY PRECEDED THE DATE OF YOUR CLAIM; OR (II) TEN CANADIAN DOLLARS (CA $10), ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING, WITHOUT LIMITATION, AS RESULTING FROM ANY:

(I) ERRORS OR OMISSIONS IN CONTENT,

(II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM,

(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, OR (V) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES, AND EVEN IF BPTN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND SHALL APPLY REGARDLESS OF THE NATURE, TYPE OR FORM OF THE CLAIM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LIABILITY.

YOU SPECIFICALLY ACKNOWLEDGE THAT BPTN, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

INDEMNITY

You agree to defend, indemnify and hold harmless BPTN, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, legal fees and other expenses arising from: (i) your use of and access to the Platform; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that you did not have the right to provide any user content or that your user content caused damage to a third party. This defense and indemnification obligation will survive these terms and your use of the Platform. In such a case, BPTN will provide you with written notice of such claim, suit or action.

MISCELLANEOUS

You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Platform, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The Platform is physically maintained and operated by BPTN from the Province of Ontario.
You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
These Terms constitute the entire agreement between you and BPTN with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
In the event of any inconsistency between the English and French versions of these Terms, the English version shall govern.

CODE OF CONDUCT

a. You may not use the BPTN Platform for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Platform.
b. You may not use the Platform in any manner which could disable, overburden, damage, or impair the Platform, BPTN’s servers or computer network, or interfere with any other party’s use and enjoyment of the Platform
c. You agree that you are responsible for your own conduct and communications while using the Platform and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Platform, you will not:
  • Post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
  • Post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party
  • impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content
  • use the Platform in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise)
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform to collect information about other users or domain names
  • upload files that contain bugs, viruses, Trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or
  • Submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.
d. While BPTN prohibits such conduct and User Content in connection with the Platform, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Platform at your own risk.
e. BPTN reserves the right to monitor use of this Platform to determine compliance with these Terms. Although BPTN does not read, review, vet or otherwise assess User Content in advance of its posting, BPTN reserves the right to remove any User Content and/or terminate your BPTN User Account without notice for breach or for any other reason.

PRIVACY STATEMENT

We are committed to protecting your privacy. Authorized employees within BPTN on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

CONFIDENTIALITY

User records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Users have the right to request sight of, and copies of any and all user Records we keep, on the proviso that we are given reasonable notice of such a request users are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue users with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by BPTN will only be in connection with the provision of agreed services.

LOG FILES

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within BPTN on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

COOKIES

Like most interactive websites the Platform uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

LINKS TO THE PLATFORM

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

LINKS FROM THE PLATFORM

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. BPTN will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

COPYRIGHT NOTICE

Copyright and other relevant intellectual property rights exist on all text relating to BPTN’s services and the full content of this website.
Obsidi’s logo is a registered trademark of BPTN in Canada and other countries. The brand names and specific services of BPTN featured on this website are trademarked.

COMMUNICATION

We have several email addresses for different queries. These, & other contact information, can be found on our Contact Us link on our websites or via Company literature or via BPTN’s stated telephone, facsimile or mobile telephone numbers.

PAYMENT

If you buy any of our paid services, including, without limitation,Obsidi Recruit, you agree to pay us the applicable fees and taxes for the paid services. Any fees payable to BPTN are in Canadian Dollars, unless another currency is expressly stated. Failure to pay these fees will result in the termination of your paid services. Also, you agree that:
  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • In order to provide you with access to any paid subscription services with recurring payments, including, without limitation, Obsidi Recruit, we will need to store your payment information. By subscribing to any such paid subscription services, you consent to us storing your payment information. You may withdraw your consent at any time by removing your stored payment information, in which case, your subscription will terminate. We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your services and to use to pay other services you may buy.
  • If you purchase a subscription service, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, you must cancel before the renewal date.
  • All of your purchases of services are subject to our no refund policy.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

NOTICES AND MESSAGES

You agree that we will provide notices and messages to you in the following ways: (1) within the service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.

SERVICES AVAILABILITY

We may, in our sole discretion, change, modify, suspend or discontinue the Platform or any of our services at any time and without notifying you. We may also modify our prices effectively prospectively upon reasonable notice to the extent allowed under the law.
We don’t promise to store or keep showing any information and content that you’ve posted. BPTN and the Platform are not storage services. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

LIMITS

BPTN reserves the right to limit your use of the services, including the number of your connections and your ability to contact other members. BPTN reserves the right to restrict, suspend, or terminate your account if you breach these Terms or the law or are misusing the services (e.g., violating any of the Dos and Don’ts in these Terms or Professional Community Policies).

AUTOMATED PROCESSING

We use the information and data that you provide and that we have about members to tailor the content of our Platform to your needs, interests and preferences, including making recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.

TERMINATION

Both you and BPTN may terminate these Terms at any time with notice to the other. On termination, you lose the right to access or use our paid services with no refund provided to you for any payments that you have made to us. The following shall survive termination:
  • Our rights to use and disclose your feedback
  • Members and/or visitors’ rights to further re-share content and information you shared through the services
  • Any amounts owed by either party prior to termination remain owed after termination.

OTHER CONTENT, SITES AND APPS

Obsidi Community Guidelines

Obsidi is a community of professionals. This list of “Dos and Don’ts” along with our Professional Community Policies limit what you can and cannot do on our services.
Dos: You agree that you will:
  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name on your profile; and
  • Use the services in a professional manner
Don’ts: You agree that you will not:
  • Create a false identity on Obsidi, misrepresent your identity, create a member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  • Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the services or otherwise copy profiles and other data from the services;
  • Override any security feature or bypass or circumvent any access controls or use limits of the service (such as caps on keyword searches or profile views);
  • Copy, use, disclose or distribute any information obtained from the services, whether directly or through third parties (such as search engines), without the consent of Obsidi;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  • Violate, infringe, or misappropriate the intellectual property rights of others, including, without limitation, copyrights, patents, or trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the services or any related technology that is not open source;
  • Imply or state that you are affiliated with or endorsed by Obsidi without our express consent (e.g., representing yourself as an accredited Obsidi trainer);
  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the services or related data or access to the same, without Obsidi consent;
  • Deep-link to our services for any purpose other than to promote your profile or a group on our services, without Obsidi consent;
  • Use bots or other automated methods to access the services, add or download contacts, send or redirect messages;
  • Monitor the services’ availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the services;
  • Overlay or otherwise modify the services or their appearance (such as by inserting elements into the services or removing, covering, or obscuring an advertisement included on the services);
  • Interfere with the operation of, or place an unreasonable load on, the services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  • Violate the Professional Community Policies or any additional terms concerning a specific service that are provided when you sign up for or start using our services
By using the services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. BPTN generally does not review content provided by our members or others. You agree that we are not responsible for others’ (including other members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. members have choices about this feature.
BPTN may help connect members offering their services (career coaching, accounting, etc.) with members seeking services. BPTN does not perform nor employ individuals to perform these services. You acknowledge that BPTN does not supervise, direct, control or monitor members in the performance of these services and agree that (1) BPTN is not responsible for the offering, performance or procurement of these services, (2) BPTN does not endorse any particular member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between BPTN and any member offering services. If you are a member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Professional Community Policies.

Similarly, BPTN may help you register for and/or attend events organized by us or our partners and connect with other members who are attendees at such events. You agree that (1) BPTN is not responsible for the conduct of any of the members or other attendees at such events, (2) BPTN does not endorse any particular event listed on our services, (3) BPTN does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.

Complaints Regarding Content

We respect the intellectual property rights of others. We require that information posted by members be accurate and not in violation of the intellectual property rights or other rights of third parties.

FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under these Terms which is due to an event beyond the control of such party including but not limited to any Act of God, pandemic, epidemic, public health emergency, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside the non-performing party’s reasonable control, which could not have been reasonably foreseen by that party and occurring without that party’s fault or negligence, but does not include any event that occurred prior to the effective date of these Terms, or that commenced prior to the effective date of these Terms and continues to occur as of the effective date of these Terms or any event that could have been prevented by the non-performing party using or causing to be used commercially reasonable precautions. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of these Terms.

WAIVER

Failure of either party to insist upon strict performance of any provision of these Terms or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under these Terms. No waiver of the provisions of these Terms shall be effective unless it is expressly stated to be such and signed by both Parties.

GENERAL

By accessing or using the Platform, you agree that all matters relating to your access to, or use of, the Platform shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to any matters relating to your access to, or use of, the Platform.
Any claim arising from, in connection with or relating to the Platform, these Terms, any transaction through the Platform, or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the jurisdiction of those Courts in respect of any such dispute.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of BPTN to enforce any of the provisions set out in these Terms, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms, or the right thereafter to enforce each and every provision. These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of BPTN.
You and BPTN are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms or your use of the Platform.
The provisions of these Terms will enure to the benefit of and be binding upon us and our successors and assigns, and you and your heirs, executors, administrators, and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.
Each reference in these Terms to “include” or “including” shall be deemed (if not already expressly so) to be followed by the words “without limitation” and the terms “include” and “including” shall not be construed to limit any general statement which they follow to the specific or similar items or maters immediately following such terms.
The division of these Terms into provisions, sections and subsections and the use of headings are for convenience or reference and shall not affect the interpretation of these Terms.
These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and us in respect of the Platform. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
It is the express wish of the parties hereto that the Terms and all related documents, including notices and other communications, be drawn up only in English. La volonté expresse des parties aux présentes est que les présentes modalités / ces “Terms” et tous les documents s’y rattachant, y compris les avis et les autres communications, ne soient rédigés qu’en anglais.