Terms Of Service

TERMS OF SERVICE

Last updated: 05/15/2019
Date effective: 05/15/2019

GENERAL

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://toolkit.diyassist.ca website (the “Service”) operated by DIYA (“us”, “we”, or “our”). These rules govern both the use of the Toolkit and the Community.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service, including paying and trial Members.

You understand that by becoming a Member, you are paying for access to the Community, and not for access to any open-sourced information that is available in the Toolkit.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service. You agree that we may update these Terms at any time.

Our collection and use of any personal information is described in detail in our Privacy Policy, which is incorporated by reference into these Terms.

Our Service is currently available in Canada only. At this time, DIYA only offers official support in English. All users of the Service and registered Members must be at or over the age of majority in their province or territory. No minors are permitted to use any part of the Service, including the Community.

DEFINITIONS

The “Service” applies to the website https://toolkit.diyassist.ca, and includes both the Toolkit and the Community. The Service is operated by DIYA and is referred to by “us”, “we”, or “our”. The Toolkit contains open-sourced information that is freely available online, along with external links to suggested tools and media. The Community is an online forum hosted and moderated by DIYA that allows Members to connect with each other and discuss online marketing related to small businesses.

Throughout these Terms of Service, “you” applies to both individuals and entities that access or use our Services. “Members” are any individual or entity that creates an account to use the Service, and includes paying Members and those using any free trial or other promotional offer. Any individual using the Service on behalf of an entity, warrants that they have the authority to represent that entity, and by using the Service, they are accepting the Terms on behalf of that entity.

ACCOUNTS

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. It is your sole responsibility to maintain the confidentiality of your password.

You agree not to disclose your password to any third party. You agree not to share your account or password with any other person or entity. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
DIYA will appropriately handle and safeguard any personal information or passwords as outlined in the Privacy Policy.

If you have previously been banned or removed from the Service, you may not make a new account and re-access the Service.

MINIMUM AGE REQUIREMENT

Our Services are not for children. You agree that in creating an account you are at or over the age of majority in your province or territory. If you are younger than this, then you may not register for or use our Services. You agree not to let any minor access your account.

INTELLECTUAL PROPERTY

The Service and its original content, features and functionality are and will remain the exclusive property of DIYA Toolkit and its licensors. Any logos, graphics, or other content that is created by DIYA remains our sole property. The Toolkit contains open-sourced information that is freely available on the Internet and is not owned by DIYA. DIYA is not responsible for the accuracy or safety of any open-source information, but we will do our due diligence to ensure that it is kept up-to-date and accurate when possible.

USER CONTENT

Members may submit, post, upload, publish, transmit, or otherwise make available to us or other Members their own original content, through the Community or through direct messages, provided it follows the guidelines further specified under Community Conduct in these Terms. Please do not share or post any information or User Content that you wish to remain confidential. Your User Content remains your property, and you keep any and all copyrights, trademarks, patents, or other proprietary rights that you own. You are responsible for any and all content that you post or share with other Members. You represent, warrant, and affirm that your User Content is accurate, does not violate any laws or rights of others, and that you have the appropriate permissions or rights of any third parties whose information or intellectual property is contained in your User Content as applicable. DIYA is not responsible for any posted User Content, but will moderate and remove any posted User Content if it violates any part of these Terms without notice.

COPYRIGHT

If you believe any content in the Toolkit or Community infringes your copyright, please contact us at info@diyassist.ca and we will remove any infringing content immediately.

LINKS TO OTHER WEBSITES

Our Service contains links to third-party websites and other services that are not owned or controlled by DIYA. Any tools mentioned in the Toolkit are merely suggestions only and you acknowledge that there are other potential options or substitutes. DIYA cannot be held liable for any outcome if you choose to use any suggested tools or click on any external links. It is your choice to use the Toolkit, Community, and any suggested tools at your own risk. You are in no way obligated to use any of the suggested tools. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

DIYA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that DIYA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. You understand that DIYA cannot guarantee the safety nor functionality of any third-party service. DIYA cannot guarantee that the functions contained in any third-party service, including but not limited to themes, plugins, websites, or programs will be uninterrupted, error-free, safe, and functional.

DIYA cannot be liable to you, any entity represented by you, or any third-party for any damages, including lost profits, lost savings, or other incidental, consequential or special damages arising out of the operation of or inability to operate any third-party websites, services, or tools.

Information, suggestions, and advice provided by DIYA is to the best of our knowledge but not guaranteed to be accurate or up-to-date. DIYA is only providing suggestions, assistance, and support where available, but ultimately, all decision-making is yours and finalized by you, and DIYA cannot be held responsible for any outcome.

THIRD-PARTY SUPPORT

Each suggested tool or service has its own official support. DIYA has or can provide when requested links to the official support for each tool. Any assistance from DIYA with third-party tools or services will be provided at DIYA’s discretion; we will do our best to provide links to any official support or assistance for any help beyond our limitations.

COMMUNITY CONDUCT AND RULES

As a Member, you agree to conduct yourself in a proper and respectful manner, and follow these guidelines of conduct in the Toolkit and Community, including but not limited to posts in public, private, and hidden groups, including Official and non-Official groups, wall comments, and in direct messages to other Members. The spirit of the Community is intended to be fun and informing, yet still professional and respectful. We request that all posts and comments in Official groups of the Community be written in English, as English is currently the only supported language by DIYA.

As a Member you agree not to:

  • violate any provincial, federal, or foreign laws or regulations;
  • post any content that infringes on any intellectual property rights, including but not limited to: copyright, trademark, patent, or other proprietary rights;
  • harass or abuse any other user, through published posts in private, public and hidden groups and/or comments, as well as through direct private messaging, or attempt to harass or incite any violence towards another user, group, or employee of the Service;
  • post any content that is deemed unlawful, abusive, threatening, obscene, defamatory, libelous, slanderous, harassing, hateful, violent, racist, sexist, homophobic, or otherwise objectionable or offensive, either by posting directly in either public, private, or hidden groups, messaging another user, or posting links to any such material;
  • post content that is in any way discriminatory, including but not limited to content that is sexist, racist, homophobic, ageist, or otherwise promotes hate;
  • engage in any act that is inappropriate towards another user and/or conflict with the spirit and intent of the Service;
  • post, display, or transmit any other person or entity’s private information, including personally identifiable and/or financial information, or any other sensitive information, without their explicit permission;
  • attempt to gain unauthorized access to the Service, including circumventing, modifying, disrupting, overburdening, or otherwise impairing any aspect of the Service or related technology, devices, systems, or networks, including other user Accounts;
  • distribute or post any material, publicly or privately, that is or enables malware, spyware, adware, or other malicious code;
  • send or distribute spam or bulk unsolicited messages;
  • resell, share, or publish any original content from the DIYA Toolkit or Community;

If you see or receive any content that you believe infringes on these rules, please contact us via Report a Problem and include any relevant screenshots. Please note it may take up to two business days for a response.

DIYA is not responsible for any content posted by a Member that breaches the above Community Conduct provisions but will remove any such violating content in a timely manner. DIYA regularly monitors and moderates any public post in Official groups in the Community to ensure that content meets this code of Community Conduct and the Terms of Service. Official groups are public groups and are clearly marked with “Official” in their name as well as have the “DIYA-OFFICIAL” stamp as their profile photo. These Official groups are run by the DIYA team, and the administrators of these groups are members of the DIYA team.

Every group has three tiers of members. Regular members are able to post content and comments but have no control over the settings of the group and, depending on the settings of the group, can send invites to new members. Moderators are able to post content and comments but have no control over the settings of the group and, depending on the settings of the group, can also send invites to new members. Administrators are able to post content and comments but also have full control over the settings of the group, as well as the ability to delete posts, and invite new members.

Please note that DIYA does not regularly monitor or moderate the content that is posted in non-Official public, private, and hidden groups, including groups that do not have a DIYA team member as an administrator or moderator. DIYA also does not monitor or moderate private direct messages between Members. For any issues in non-Official groups, or in private messages, including any possible breach of these rules of Community Conduct, please use the Report a Problem form to notify the DIYA team directly. Include any relevant screenshots. Please note it may take up to two business days for a response.

DIYA is not responsible for any information suggested or provided by other Members in the Community, in any groups, or in any direct messages. DIYA is not responsible for the safety, accuracy, or content of any posted User Content.

Any violation of these terms of conduct will result in your membership being revoked with immediate removal from all Services with no refund.

ADVERTISEMENT

There is no advertising allowed in Official DIYA groups, unless the content is being posted for review or for suggestions related to marketing. You may advertise your business, products, services, events, or other related items on your own profile or in specified groups, such as a private or hidden group you set up, or one you join that specifically allows advertising. DIYA reserves the right to remove any public Community post that it deems breaches this rule without notice. Advertising in private messages to another Member or Members is considered spam and is not allowed, unless the Member requests the information.

DIYA is not affiliated with nor partnered with any tools mentioned in the Toolkit and does not receive any payment nor compensation from these external companies. Any tools mentioned are merely suggestions only and DIYA cannot be held liable for any use of external links or tools or any content linked to from other websites.

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms, with no refund.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service and delete your account.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

MEMBERSHIPS AND REFUNDS

You understand that being a Member gives you access to the Toolkit and Community. Your membership may not cover extra services, such as webinars and courses, that are outside of the usual scope of the Service, and are aware that there might be extra costs incurred for enrolling in or using such extra opportunities.

Any payment for using the Service is payment for access to the Community. You are not paying for access to any freely available, open-source information in the Toolkit.

After your 7-day free trial, you may wish to continue using the Toolkit and Community, at which point you will be charged for continuing to use the Service. There are two membership options currently available. Yearly memberships are paid in full and are non-refundable. Both monthly memberships and yearly memberships auto-renew at the given dates unless cancelled before the next payment date. There are no refunds if you choose to cancel your membership before the end of the payment period. There are no refunds or partial credits given for partial months of service, or for periods of time in which your membership is not used.

You can cancel your membership at any time. To cancel your membership, choose “Delete Account” from your account settings, or contact us at info@diyassist.ca. Please note it may take up to two business days for us to process your request. Once your membership is cancelled, your payments will stop and your account will not be charged at the next billing date. If an error has been made by DIYA, a corrected refund will be issued.

All memberships and payments are subject to applicable taxes as required by law. We reserve the right to change membership fees at any time. When applicable, we will give you advance notice of any fee changes.

If your access to the Service is revoked due to a breach of the Terms, your membership will be cancelled and you will not receive any refund, and will immediately lose access to your Account and any data on it.

FREE TRIAL

Each person or entity is only allowed one free trial ever. You are not allowed to make multiple accounts or duplicate accounts to get more than one free trial. When your free trial is over, you must pay for either a monthly or yearly membership to continue to access the Service. If you no longer wish to access the Service, you may instead terminate your account. You may cancel your free trial and delete your account at any time.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Canada and the province of Alberta without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion. Old versions of these Terms will be catalogued and made available in the Changelog.

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

CONTACT US

If you have any questions about these Terms, please contact us info@diyassist.ca, or through the Contact Us form available on the Website.

FORCE MAJEURE

Neither party shall be held liable to the other party for failure to adhere to their obligations under these Terms to the extent if performance is hindered, obstructed, delayed, or prevented by Force Majeure, including but not limited to acts of God, war, zombie apocalypse, terrorism, strikes, fires, floods, nuclear or other catastrophic events, or loss of computer or communication services.

NOTICES

DIYA will notify the Member of any change to these Terms through the Website. DIYA will notify the Member of any breach of these Terms by the email associated with the Member’s account.

DIYA may give notices to you via any contact information you provide, including but not limited to breach of Terms, change of Terms, and changes to membership cost. It is your duty to ensure that your email and contact information is kept up-to-date so that DIYA can contact you with these notices as necessary.

ASSIGNMENTS

You may not assign or delegate any of your rights or obligations under these Terms to any other party or entity without DIYA’s written approval. DIYA may assign or delegate these Terms and our associated rights and obligations to another party or entity at any time.

SEVERABILITY

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. If you become aware of any errors in these Terms please notify us immediately so we can attempt to rectify them as soon as possible.

SUPPLEMENTAL TERMS

Supplemental terms may apply to extra services not covered under your membership, including but not limited to webinars or online courses. Those supplemental terms are in addition to these Terms for those applicable extra services, and your right to use such features is subject to those supplemental terms.

HEADINGS

The headings contained in this agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGELOG

May 15, 2019-Current Version

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