Last updated: April, 2 2018

Definitions

  • 'House rules' means the House Rules detailed from the Site from time to time.
  • 'Member' means a member of the Site and 'membership' shall be interpreted accordingly.
  • ‘Member Content’ means any information that a Member enters or uploads to the Site, excluding Personal Information entered to register, but including information entered to activate an account, in the Account Settings and Your Profile sections of the Site, in bricks, Talkabouts and Guided Support sessions.
  • ‘Member Name’ means the anonymous username You select to identify Yourself to other Members and which will be available to wall guides.
  • ‘Personal Information’ means information about an identifiable individual, including You and others, e.g. Your real name, email address, postal code and date of birth.
  • 'Site' means the website located at Big White Wall and pages therein under the control of BigWhiteWall (the “Site”).
  • 'Terms' means the Terms of Use which incorporate our House Rules and Privacy Policy detailed on the Site from time to time.
  • 'We' or 'Us' means BigWhiteWall Limited, a company having a registered office at 550 Burrard Street, Bentall 5, Vancouver, British Columbia, Canada, V6C 2B5 and 'Our' shall be interpreted accordingly.
  • 'You' means you, the user of the site and 'Your' and 'Yourself' shall be interpreted accordingly.

Application and acceptance

These Terms are important and apply where You choose to register as a Member. Please read these Terms carefully before registering on the Site as a Member. By clicking 'accept' to register, You will be deemed to have consented to these Terms. If You do not agree to these Terms, then YOU ARE NOT PERMITTED TO register as a Member.

We reserve the right, at our sole discretion, to change or update these Terms from time to time without further notice, subject to Your termination right as set out below. It is therefore Your responsibility to check these Terms regularly for any changes. We will post the last date of any change to these Terms at the top of this page. Your continued use of the Site after any such changes constitutes Your acceptance of the new Terms. If You do not agree to abide by these Terms or any future terms then You must discontinue using the Site.

Eligibility

You must be 16 years or over to register as a Member. If We discover or have any reason to suspect that You are not over 16 years of age, We reserve Our right to suspend or terminate Your membership to the Site immediately and without notice and to take any other actions in accordance with applicable law.

Your promises to us

You confirm that:

  • You are over 16 years of age.
  • You will comply with these Terms including, without limitation, the restrictions relating to acceptable use set out in the code of conduct section below and in our House Rules.
  • You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use and Membership or arising from any breach or suspected breach of these Terms by You or Your violation of any law or the rights of any third party.

Your Account

When You register as a Member, You will select a password and Member name that You can use to access Your profile and to log on to the Members' area of the Site. You are responsible for maintaining the confidentiality of Your password and Member name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Members' area of the Site and will not be liable where Your password or Member name are used by someone else. You agree to notify Us immediately of any unauthorized use of Your password or Member name or any other breach of security of which You become aware. You agree to be fully responsible for all use of Your account and for any actions that take place using Your account and to maintain and promptly update any information You provide to Us when You register, to keep it accurate, current and complete.

In order to maintain Your anonymity, when You use the Site, You must not use or disclose in any way Your real name and/or any details by which You could be identified (including Your address, telephone numbers, e-mail addresses, or location information, e.g., where You receive healthcare etc.) or the Personal Information of others, including their names. You must only identify Yourself by Your Member name. In addition, do not include Your real first name in Your Member name.

Member content

You are solely responsible for Member Content that You post or create on the Site including any bricks and posts in the talkabout forum. We respect the intellectual property rights of others and We prohibit Members from uploading, posting or otherwise transmitting on the Site any materials that violate another party's intellectual property rights. When We receive notification of a potential copyright infringement, We will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers. We may remove Member Content from the Site for any reason or no reason, including without limitation Member Content that in Our sole judgment violates these Terms, that might be offensive, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of other Members, or other people in general or Member Content that has generated a complaint which warrants further investigation. You may not post, transmit, or share Member Content on the Site that You did not create or that You do not have permission to post. You understand and agree that We are not obliged to review the Site for copyright infringement and are not responsible for Member Content posted by third parties without Our knowledge.

When You post Member Content to the Site, You authorize and direct Us to make such copies thereof as We deem necessary in order to facilitate the posting and storage of such Member Content. By posting Member Content to any part of the Site, You grant, and You promise that You have the right to grant, to Us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content. You waive any moral rights that You may have to Your Member Content. You may remove Your Member Content from the Site at any time by emailing Us at theteam@bigwhitewall.ca.

Big White Wall content

All content made available on the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are Our property or are licensed to Us with all rights reserved. Such content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Our prior written consent. This excludes Member Content that You legally post to the Site.

Subject to the above, You may download insubstantial excerpts of Our content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

Any use of Our content other than as specifically authorized in these terms, without Our prior written consent, is strictly prohibited and will terminate the license granted here. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. This license is revocable at Our sole discretion, at any time and without notice.

Links and Third party websites and content

Please be aware that the Site may link to other websites that may be accessed by You through the Site. Such third party websites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any websites You may access via a recommendation or suggestion on the Site. Inclusion of, linking to or permitting the use or installation of any third party website or any third party applications, software or content does not imply approval or endorsement by Us. If You decide to leave the Site and access a third party website or to use or install any third party applications, software or content, You do so at Your own risk. We are not responsible for the policies, content or security of these linked websites, including how they protect Your privacy and collect, use and disclose Personal Information. We strongly encourage You to review the privacy policies applicable to any linked websites You visit.

Code of conduct

We support the free flow of information and ideas over the Internet and do not actively monitor use of the Site, under normal circumstances, although We reserve the right to do so. However We do seek to balance this aim with our obligations to other Members and at law. We therefore require that You do not:

  • Say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others.
  • Advertise or promote third party or Your own products or services including by way of the distribution of spam mail.
  • Use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate.
  • Make insulting remarks to or about other Members or any person generally.
  • Distribute illegal, copyright infringing, indecent or offensive material or any messages or Member Content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors.
  • Impersonate another person or Member or a moderator.
  • Transfer files that contain viruses, trojans or other harmful programs.
  • Use the Site to conduct any fraudulent activity including any 'pyramid scheme'; 'ponzi scheme' or 'chain letter’.
  • Access or attempt to access Members’ accounts or to penetrate or attempt to penetrate the Site security measures.

We may take any or all of the following actions at Our sole discretion:

  • Remove any Member Content or information (including Member profile photographs) that We deem inappropriate or We suspect to be illegal, may subject Us to liability or which may violate these terms or where We are required to do so by law.
  • Issue Members with verbal or written warnings and take such further action as We deem appropriate if such warnings are not heeded.
  • Suspend or terminate a Member's access to certain areas of the Site or a Member's account without notice at any time.
  • Inform the appropriate authorities and provide them with information regarding any suspected illegal activity.
  • Bring legal action against a Member in relation to any breach of these terms or any illegal or suspected illegal activity.

We will determine what action is appropriate to be taken against a Member on a case by case basis.

You are solely responsible for Your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between You and other Members.

Without limiting any of the foregoing, you also agree to abide by Our House rules that provide further information regarding the authorised conduct of Members while on the Site and which form part of these Terms.

You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to You.

Privacy

Your privacy and that of all our Members is very important to us. Please read Our Privacy Policy for important information regarding the collection, use, disclosure and retention of Your Personal Information and Your rights in relation to this. Our Privacy Policy is incorporated by reference into, and accordingly is part of, Our Terms.

Termination

Your Membership term is six months and is renewable. You may also cancel Your Membership at any time by notifying us at theteam@bigwhitewall.ca.

We may terminate Your Membership, delete Your account and Your Member Content and/or prohibit You from using or accessing the Site for any reason, or no reason, at any time in Our sole discretion, with or without notice, including without limitation if We believe that You are under 16.

Our legal obligations and limits on liability

While We have taken every care in compiling the Site (which is based on clinical information and uses standard clinical tests), You acknowledge that the information contained on the Site does not constitute medical or professional advice. The Site is provided for information purposes only and all content and services on the Site are provided on an 'as is' and 'as available' basis. We do not make any promises to You in respect of the Site or its content, including, without limitation, information provided by or regarding other Members and Member Content. Do not use the information on the Site to diagnose or treat any medical condition. You should never disregard or delay seeking medical advice because of something that You have read on the Site.

Any decision made or action taken by You on the basis of information provided on or via the Site is at Your sole discretion and risk. You should seek appropriate professional advice before acting (or not acting) in reliance on any information contained in or accessed through the Site. So far as is permissible by law, We do not accept any liability to any person relating to the use of the Site.

While We will use all reasonable endeavours to correct any errors or omissions in our content as soon as practicable once they have been brought to our attention, We do not promise that the Site will be available uninterrupted and in a fully operating condition nor that the information on and provided via the Site will be free from errors or omissions. We shall not be liable for any failure or suspension of the Site, or for termination of access to the Site or access to content, including Member Content.

Due to the fact that many technical aspects of the Site and the content provided is supplied by or otherwise dependent on third parties, We are not responsible for the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content and Member Content contained in or accessed through the Site.

We will not be liable for indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by You and Us at the time of entering into these Terms, for example loss of profits or loss of opportunity.

We accept liability for death or personal injury caused by Our negligence or that of Our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by Us or Our employees or agents.

General

By accessing the Site, You agree that these Terms of Use and all matters relating to the access to, or use of, the Site 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.

All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the Courts of the Province of Ontario. By using the Site, you submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario to finally adjudicate or determine any suit, action, or proceeding arising out of or in connection with same.

If any part of these terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

Complaints and feedback

If You have any complaints about another Member or any aspect of the Site or if You have any questions or would otherwise like to provide any other feedback, then You can contact Us by emailing: complaints@bigwhitewall.ca or writing to Us at the address set out at the top of these terms.