Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WINK CONSULTING INSTITUTE (“WINK”) WEBSITE. THESE TERMS OF USE ARE A BINDING CONTRACT THAT GOVERNS USE OF THE WINK WEBSITE AND RELATED SERVICES, EXEMPTS WINK AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, SPECIFIES THE JURISDICTION FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.

EACH TIME YOU ACCESS OR USE THE WINK WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE MOST CURRENT VERSION OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WINK WEBSITE.

  1. Your Acceptance of these Terms of Use
    These Terms of Use are a legal agreement between you and Wink Consulting Institute (“WINK”) regarding your access to and use of the WINK website located at www.winkcalgary.com and all content, information, products and services available on or through the website (collectively, the “Website”). The Website is the property of WINK.  These Terms of Use are in addition to any other agreement you may have with WINK.
  2. Changes to these Terms of Use
    WINK may in its discretion change these Terms of Use at any time, without any prior notice to you, by posting the changed Terms of Use on the Website. The changed Terms of Use are effective immediately upon posting. By using the Website after these Terms of Use have been changed, you signify your acceptance and agreement to the changed Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.
  3. Permissible Users
    You may not use the Website if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Website on your behalf.  You may not use the Website if you breach these Terms of Use, if your permission to use the Website has been suspended or terminated by WINK, or if these Terms of Use as they apply to you have been terminated.
  4. Permissible Use
    The Website is made available to you for your lawful, personal, non-commercial use only. You may use the Website only for the purposes and in the manner permitted by the Website and subject to these Terms of Use and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.

    The Website and its content may not be copied, reproduced, imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of WINK.

    You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by WINK in the operation or provision of the Website except while you are using the Website in accordance with these Terms of Use.

  5. Ownership of Website and Content
    The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those items and the Website as a whole) are owned solely by WINK and its licensors, and are protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.
  6. Your Information
    You will ensure that all information you provide to WINK, through the Website or otherwise, (including your legal name, residential address, email address), is true, accurate, current and complete. WINK will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, WINK or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
  7. Communications
    You authorize WINK to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Website, by email or other means of communication.
  8. Personal Information Privacy
    WINK collects personal information and non-personal information from users of the Website. From time-to-time, you may either be requested to provide WINK with or you may otherwise voluntarily provide WINK with personal information. In the event that you submit personal information to WINK through the Site or otherwise, you (i) represent and warrant that you have the authority and consent to provide the personal information, and (ii) consent to the collection, processing, transmission, use, communication and disclosure of such information by WINK in accordance with the applicable laws, for purposes of: (a) WINK’s internal use, (b) providing the services made available through this Site, (c) managing and responding to your inquiries, and (d) for any other purposes described in these Terms of Use or the Site, as set out on the web page requesting such information.  By accepting these Terms of Use and each time you use the Website, you consent to WINK’s collection, use, disclosure and retention of your information as is outlined above.
  9. Misprints and Errors, Product Availability and Prices
    WINK endeavours to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions or other errors may sometimes occur. WINK reserves the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person.
  10. Trademarks
    WINK; Wink Consulting Institute, www.winkcalgary.com; Women Investing in Knowledge; and related logos are registered or unregistered trademarks, service marks and trade names owned or licensed by WINK. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
  11. Feedback/Submissions
    Any feedback or unsolicited ideas, suggestions or other materials (including ideas for new advertising or marketing campaigns or promotions, new or improved products or services, or new product names or branding) that you send to WINK (collectively “Submissions”) are deemed to be non-confidential, you automatically grant to WINK and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favour of WINK and its successors, assigns and licensees any and all moral rights in the Submissions.
  12. Linked Sites
    For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites”). Linked Sites are independent from WINK, and WINK does not endorse, and has no responsibility or liability for or control over, Linked Sites or their business, goods, services or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites is at your own risk, and you will not make any claim against WINK arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.
  13. Prohibited Activities
    Deep links to the Website without the express written permission of WINK are strictly prohibited. To request permission to link to the Website, please send an email to us. WINK may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.

    Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.

    You may not attempt to circumvent the ordinary navigational structure or presentation of the Website or its content, or attempt to access or obtain any Website content or other data by any means that is not purposely made available to you by the Website.

    You may not attempt to gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means. You may not attempt to test or tamper with the security of the Website or attempt to interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.

  14. Disclaimers, Liability Exclusions/Limitations, and Indemnity
    THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY WINK TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE WEBSITE AND ITS CONTENT TO ACHIEVE YOUR INTENDED RESULTS.

    WINK DOES NOT PROMISE THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE ERROR-FREE, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PRODUCE SPECIFIC RESULTS. YOU USE THE WEBSITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF ITS CONTENT, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.

    YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE WEBSITE.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL WINK GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, LOSS OF USE, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF PRODUCTIVITY, OR ANY OTHER COMMERCIAL DAMAGE OR LOSS) ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR ANY RELATED MATTER.  THE FOREGOING LIABILITY EXCLUSION AND LIMITATION APPLY TO LIABILITY UNDER ANY THEORY OF LAW (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY WINK OR ANY PERSON FOR WHOM WINK IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE, OR WINK KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE BEING INCURRED.

    THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS AND THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

    YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS WINK GROUP FROM AND AGAINST ANY AND ALL CLAIMS, COMPLAINTS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LIABILITIES AND OBLIGATIONS (INCLUDING DAMAGES, EXPENSES, AND COSTS), SETTLEMENT PAYMENTS, AND ATTORNEY’S FEES AND EXPENSES (COLLECTIVELY, “CLAIMS/PROCEEDINGS/LIABILITIES”) DIRECTLY OR INDIRECTLY ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE OR YOUR NEGLIGENCE, MISCONDUCT, OR BREACH OF THESE TERMS OF USE. YOU WILL NOT ENTER INTO ANY SETTLEMENT OR OTHER AGREEMENT ON BEHALF OF WINK GROUP, OR WHICH AFFECTS THE RIGHTS OR INTERESTS OF WINK GROUP, WITHOUT WINK’S EXPRESS PRIOR WRITTEN CONSENT, WHICH CONSENT MAY BE WITHHELD IN WINK’S DISCRETION. NOTWITHSTANDING THE FOREGOING, WINK GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE OF AND SETTLEMENT NEGOTIATIONS RELATING TO ANY CLAIMS/PROCEEDINGS/LIABILITIES WITH COUNSEL OF THEIR OWN SELECTION AT THEIR SOLE COST AND EXPENSE.

    IN THESE TERMS OF USE, “WINK GROUP” MEANS WINK AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.

  15. Changes/Termination
    Notwithstanding any other provision of these Terms of Use, WINK may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any of its content at any time without any notice or liability to you or any other person.

    WINK may in its discretion and for its convenience at any time immediately suspend or terminate your permission to access and use the Website without any notice or liability to you or any other person.

    These Terms of Use as they apply to you are effective unless and until terminated. You may terminate these Terms of Use by permanently ceasing to use the Website and giving written notice of termination to WINK’s Customer Care. WINK may terminate these Terms of Use at any time either by giving a notice of termination to you or by denying you access to the Website. The obligations and liabilities you incur prior to termination of these Terms of Use will survive termination.

  16. Governing Law and Disputes
    These Terms of Use, your use of the Website and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of Alberta, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods. All disputes arising from, connected with or relating to these Terms of Use, your use of the Website or any related matter will be resolved before the Court of Queen’s Bench for Alberta sitting in the City of Calgary, and you and WINK each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all disputes, except that WINK may in its discretion commence legal proceedings against you in the courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use and protect WINK’s rights in, to and associated with the Website and its content.
  17. Other Matters
    You and WINK are non-exclusive, independent contracting parties, and nothing in these Terms of Use or done pursuant to these Terms of Use will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and WINK. Upon request by WINK, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Use. No consent or waiver by WINK to or of any breach of these Terms of Use by you will be effective unless in writing and signed by WINK or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms of Use, WINK’s rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which WINK may be lawfully entitled under these Terms of Use or at law, and WINK will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms of Use will enure to the benefit of and be binding upon you and WINK and your respective successors and permitted assigns. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms of Use or your rights, duties and obligations under these Terms of Use without WINK’s express prior written consent, which consent may be withheld in WINK’s discretion. WINK may, without your consent, assign these Terms of Use or any of WINK’s rights, duties or obligations under these Terms of Use.

    In these Terms of Use: (a) a reference to “Terms of Use” and other similar terms refers to these Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only and do not define, limit or enlarge the scope or meaning of these Terms of Use or any of its provisions; (c) “persons” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other legal entities; (d) words importing the singular number only include the plural and vice versa; (e) words importing a gender include both genders; (f) “including” and “includes” mean including or includes (as applicable) without limitation or restriction; (g) “law” includes common law, equity, statutes, regulations, ordinances and orders in council, and reference to a specific law includes all regulations, and ordinances and orders in council and mandatory guidelines and directives made or issued under the law; and (h) “discretion” or any variation thereof used with respect to a party mean that party’s sole, absolute and unfettered discretion.

    These Terms of Use and the Other Terms and Conditions together set forth the entire agreement between you and WINK regarding the subject matter of these Terms of Use and the Other Terms and Conditions, and supersede all previous communications, representations, negotiations, discussions, agreements, or understandings, whether oral or written, with respect to the subject matter of these Terms of Use and the Other Terms and Conditions. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and WINK regarding the subject matter of these Terms of Use and the Other Terms and Conditions other than as expressly set forth in these Terms of Use and the Other Terms and Conditions.

    You and WINK have each expressly requested and required that these Terms of Use and the Other Terms and Conditions be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.

    All rights not expressly granted by these Terms of Use are reserved by WINK.

    If you have any questions or comments regarding these Terms of Use, please contact us.

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