TERMS OF SERVICE
LAST UPDATE OF THIS TERMS OF SERVICE – January 17, 2021
Senior Women Living Together is an online platform that helps senior women to find and connect with other senior women who are seeking shared-living arrangements and subsequently enter into shared-living arrangements.
The website and services are owned by 11552619 CANADA SOCIETY, a non-profit corporation (“society”, “corporation”, “we”, “us” or “our”).
The term “Website” includes all of our “Services” described in the content of the Website, and is deemed to refer to using of the Service by means of a computer, a mobile device or a mobile application. The Services are accessible at swlt.ca and any other websites through which we make the services available from time to time.
Acceptance of Terms of Service Agreement
This Agreement is an electronic contract that establishes the legally binding terms you must accept to access or use the Website and to become a member. For purposes of this Agreement, the term “Member” means a person who provides information to the Corporation on the Website or to participate in the Service in any manner, whether such person uses the Service as a free member or a paid member.
By accessing the Website or using the Service, you are indicating that you have read, understand, and agree to comply with and be legally bound by this Agreement, whether or not you become a registered user of the Services. If you do not agree to these Terms, then you do not have the right to access or use the Website or Services.
By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
To withdraw this consent, you must cease using the Service and terminate your account.
This Agreement may be modified by the Corporation from time to time, with or without notice, and such modifications are to be effective upon posting by the Corporation on the Website. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Website, Application, or Services will be subject to these Terms.
Senior Women Living Together, its owner, moderators, administrators, Board of Directors and employees do not warrant the completeness, accuracy or relevance of any information on its Website and Services, and, in particular, without limiting the generality of the foregoing, do not warrant the fitness or character of any of its Members or Users, or the suitability of any space of members who also happen to be homeowners. Members and Users of the Senior Women Living Together Website shall be entirely responsible for their respective choices of people with whom to share a home, whether rented or owned. We are not a party to any agreements entered into between Members. We have no control over the conduct of Users or Members, and disclaim all liability in this regard to the maximum extent permitted by law.
You understand that the Corporation does not conduct criminal or financial background checks or screenings on its members or users. We do not attempt to verify the statements of our members or Website users.
You must be at least 55 years of age to register or become a Member and use our Services. You must also be:
- a woman or identify as a woman and;
- single and;
- a renter … or a homeowner with space to rent out … or a leaseholder with space to rent out and;
- currently living in Ontario, Canada – or in another area of Canada and you are interested in relocating to Ontario.
The following are NOT eligible to be Members:
- Organizations, companies, and/or businesses – although, these may choose to advertise with us within our advertising section
- Landlords or investors – although, these may choose to advertise or partner with us
- Homeowners looking to rent an apartment or self-contained area in their homes with its own kitchen and bathroom
- Leaseholders who are unable or unwilling to include a homemate on their lease and to sign the lease
You may register an Account and receive access to some, but not all, of the features and services available within the Website. To access or use additional features and services, including the ability to communicate with other Members, you must become a Member and pay for said Service. The membership policies that are disclosed to you when you become a member are a part of this Agreement. Absent special offers, you acknowledge and agree that if you are not a Member, you will not be able to use all the features and services available within the Website.
If you choose to register for an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to:
- provide true, accurate, current, and complete information about yourself as required by our registration form; and
- maintain and update the Registration Data to keep it true, accurate, current, and complete; and
- be responsible for all activities that occur under your Account; and
- be responsible for safeguarding your password. You agree that you will not disclose your password to any third party unless expressly authorized by a specific feature on our platform. You must immediately notify us of any unauthorized use of your Account.
If you provide any information that is, or we have reason to suspect is, untrue, inaccurate, not current, incomplete, or otherwise in violation of these Terms, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services.
If a Member informs us that they are no longer using the Service, their profile will be removed from our database. Otherwise, a Member profile may remain posted on the Website even if that Member is not actively using the Service. You acknowledge that although a Member’s profile may be viewed, you may not be able to use the Service to communicate with that Member if he or she is not then actively using the Service.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or your interactions with other Members.
Term and Termination
This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may change or cancel your membership at any time, for any reason, by contacting us via e-mail at email@example.com.
We may terminate or suspend your membership or use of our Services at any time without notice if we believe that you have breached this Agreement and/or any rules we have posted related to our Services. Upon such termination or suspension, you will not be entitled to any refund of unused membership fees and, if applicable, all unpaid membership amounts and other fees you owe will immediately be due. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Fees and Billing
You must supply accurate personal information for billing purposes and update all information to keep it current (such as a change in billing address, card number or expiration date), and you must promptly notify the Corporation if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by contacting us at firstname.lastname@example.org. If you fail to provide the Corporation any of the foregoing information, you agree that you are responsible for fees accrued under your billing account.
If your fee payment fails, an administration fee of $5 will be applied to your Account for each failure.
If you cancel your membership, you will continue to have full access until the end of the current month. Therefore, if you purchased a monthly membership, you will have access until the end of the month you notify us about canceling, and you will not receive any refund. If you purchased a 6 month membership, you will receive access until the end of the month you notify us about canceling, and you will receive a refund for the unused portion of your membership, minus our administration fee of $5.
We reserve the right to change our Fees and initiate any new fees in connection with the Website and Services at any time. More information about our Fees can be found on our Membership Options page. Unless otherwise stated, all Fees are displayed in Canadian Dollars.
Payment of the Fees is not a promise or guarantee of any particular result or return. You understand and agree that the availability and suitability of homemates may depend on a number of factors including preferences, personality, interests, living habits, and lifestyle, and other relevant search parameters. While we endeavor to attract Members to the Website, we do not guarantee any minimum number of available homemates.
The Corporation bills you through our payment processor, Stripe Inc. You agree to pay the Corporation all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) and you authorize the Corporation to charge your chosen payment provider for the Service. You agree to make payment using that selected payment method.
The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
If you initiate a charge-back or otherwise reverse a payment made with your payment method, the Corporation may in its discretion terminate your account immediately. If the Corporation successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.
The Corporation may correct any billing errors or mistakes that it makes even if it has already requested or received payment.
Ownership of Content
All material on the Website, any related registered domains and subdomains, and any other digital medium owned or operated by us, including the design, layout, videos, audio, text, photographs, graphics, interfaces, computer code, appearance, trademarks, and logos used therein as well as individual articles, blogs, videos, photographs, and other content or elements comprising the Website (collectively, the “Protected Material”) are copyrighted works and are owned or licensed by us, unless otherwise specified.
Reproduction of the Protected Material, or any part thereof, is prohibited except with our written consent or in accordance with the law and we (subject to the rights of our licensors and licensees under applicable agreements, understandings, and arrangements) maintain all rights related to the Protected Material.
The Website and Service is for personal use only
Users and Members may not use the Service in connection with any commercial endeavors, such as (1) advertising or soliciting any user to buy or sell any products or services not offered by us or (2) soliciting others to attend events, parties or other social functions, or networking, for commercial purposes. Users or Members of the Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. We may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website.
Conduct of Members and Users
You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Website or meet in person. You understand that the Corporation makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members or Users.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Website or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”).
You may not post any telephone numbers, street addresses, first and last names, URLs or email addresses in your profile or any areas of the Website that may be viewed by other Members. You agree that any Content you place on the Website to be viewed by other Members may be viewed by any person visiting the Website or participating in the Service.
You may not post on the Website or as part of the Service, or transmit to the Corporation or any other Member or User (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
You understand and agree that the Corporation may, but is not obligated to, monitor or review any Content you post on the Website or as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Website or the Corporation.
In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited on the Website. You may not post, upload, display or otherwise make available Content that:
- Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Advocates harassment or intimidation of another person;
- Requests money from, or is intended to otherwise defraud, other users of the Website or Service;
- Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
- Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libellous or otherwise objectionable;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
- Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
- Publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
We are not responsible for the conduct of any Member or User. In no event shall the Corporation, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Website.
You agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any content violates the rights of third parties; (4) respond to your requests for customer service or allow you to use the Website in the future; or (5) protect the rights, property or personal safety of the Company or any other person.
You represent and warrant to the corporation that the information posted in your profile, including your photograph(s), are posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs.
You assign to the Corporation, with full title guarantee, all copyright in your profile, your photographs posted, and any additional information sent to the Corporation at any time in connection with your use of the Service. You waive absolutely any and all moral rights to be identified as author of your profile and owner of your photograph(s) and any similar rights in any jurisdiction in the world.
By posting information, photographs or content on our Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Corporation free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content.
We do not have to compensate you for our use of any Member Content. We reserve the right to edit in whole or in part, remove, or not publish any Member Content without prior notice.
Copyright Policy: Notice and Procedure for Making Claims of Copyright Infringement
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide the Corporation with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable the Corporation to find the alleged infringing material, such as a url);
- Your address, telephone number and email address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
You must accept our emails related to billing and your account information. Otherwise, you can unsubscribe to all other emails we may send.
Indemnity by You
You agree to indemnify and hold the Corporation, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. The Corporation reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Corporation in connection therewith.
Modifications to Service
The Corporation reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that the Corporation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, the Corporation reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.
Amendments to this Agreement
This Agreement is subject to change by the Corporation at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, the then-existing Agreement will continue to govern your membership until such time that you renew your subscription. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
1. The information contained in the Website is for general information purposes only. While we use reasonable efforts to include accurate and up-to-date information on the Website, we make no representations or warranties of any kind, express or implied, that any content is or remains complete, accurate, up-to-date, available, free from bugs, errors or omissions, or fit or suitable for any purpose. Any reliance you place on such information is strictly at your own risk. None of the information on the Website is to be taken as advice of any kind. The Services are made available to you on an “as is” basis. We expressly deny any and all warranties and representations, express or implied, regarding the Services. For greater certainty, we do not represent nor warrant that the use of the Website or Services will satisfy your purposes. It will be your own responsibility to ensure that any services available through the Website meet your specific requirements.
2. While we make reasonable efforts to ensure that the Website and Application are available, we do not represent, warrant, or guarantee in any way the Website’s continued availability at all times or uninterrupted use by you of the Website or Services.
3. Any material downloaded or otherwise obtained through the use of the Service or Website is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, Internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the Service or Website.
4. From time to time, the Corporation may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. The Corporation does not: 1) Guarantee the accuracy, completeness or usefulness of any third party content on the website or provided through the Service, or 2) Adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any party that appears on the Website or Service. Under no circumstances will the Corporation or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on the Website or Service, or transmitted to or by any members or subscribers.
5. Any advice that may be posted on the Website or through the Service is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Corporation makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
6. From time to time the Website or Application may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You agree that we will not be liable in any way, either directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with the use of or reliance on any content, goods or services available through such third parties.
7. We do not endorse any Members, nor will we be responsible for the actions or inactions of any Members. You should therefore ensure that you carry out your own searches and ask questions of Members, as applicable, that you wish to enter into a living arrangement with in order to satisfy yourself as to the suitability of the Members and the living arrangement.
8. You acknowledge that by providing you with the ability to view and distribute Member Content through the Website and Services, we are not undertaking any obligation or liability relating to the Member Content. We do not undertake or assume any duty to monitor the Website and Application for inappropriate or unlawful content and we assume no responsibility or liability which may arise from the content thereof, including claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, we reserve the right to block or remove communications, postings, or materials at any time in our sole discretion.
9. We make no representation that materials on this site are appropriate or available for use in locations outside Canada. If you access the Website or Services from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.
10. We reserve the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website or Services, or any part thereof, with or without notice and in our sole discretion. You agree that we will not be liable to you or any third party for any such modification, suspension, or discontinuance of the Website or Services.
11. In the event that you breach these Terms, we have the right to terminate your access to the Website and Services, to delete any Member Content, and to disclose any of your information as necessary. Unauthorized use of the Website, Application, or Services may give rise to a claim for damages and/or result in you being held liable for a criminal offence in a court of law. In addition, we reserve the right to terminate your access to our Website and Services for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of us or our users as a whole.
12. You agree to indemnify and hold harmless 11552619 CANADA SOCIETY and its affiliates, and their respective directors, officers, shareholders, employees, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable lawyers’ fees, resulting from your acts, omissions, access to or use of the Website or Services, your violation of these Terms, your breach of your representations and warranties hereunder, or your violation, or violation by any other user under your name, of any applicable laws or regulations, or the legal rights of any person or entity in relation to your use of the Website or Services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification, in our sole discretion. In such event, you must provide us with such cooperation as is reasonably requested by us.
13. These Terms do not create a joint venture, partnership, employment, or agency relationship between us and you. If you choose to create an Account on the Senior Women Living Together platform, you understand and agree that your relationship with us is limited to being a Member and not our employee, agent, joint venture, or partner. You act exclusively on your own behalf and for your own benefit, and not on our behalf or for our benefit. We do not control, and have no right to control, your Account, your offline activities associated with our Services, or any matters related to our Services. As a Member, you agree not to do anything to create a false impression that you are endorsed by, employed by, partnering with, or acting on behalf of or for the benefit of us, including by inappropriately using any of our intellectual property including terms, trademark, or branding.
14. The headings used in these Terms are inserted for convenience of reference only and will not affect the construction or meaning of any of the provisions contained in these Terms or govern the rights or liabilities of any of the parties subject to these Terms.
15. In these Terms, words importing the singular number include the plural and vice versa. The term “including” means “including, without limiting the generality of the foregoing”.
16. The invalidity or un-enforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms and any such invalid or unenforceable provision will be deemed to be severable.
17. No waiver of any breach of any provision of these Terms will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by the waiving party.
18. We have the right to assign these Terms in relation to a merger, acquisition, corporate reorganization, by operation of law or otherwise.
19. The laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein govern these Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any claim, whether at law or equity, arising out of or related to the provision of Services by us, regardless of the date or location of accrual of such dispute, will be within the exclusive jurisdiction of the courts of Ontario, Canada.
20. Limitation of Liability
We take no responsibility for, and will not be liable for, any error or inaccuracies in any content or the Website or Services being temporarily unavailable due to technical issues beyond our control. It is our right to make the Website, Application, or Services unavailable from time to time, solely at our discretion, and we will not be liable for any loss or damage relating to such unavailability. We are not responsible for any loss or damage, including loss or damage arising from the loss of data, revenue, salary, profits, or reputation in connection with the use of the Website or Services. Any claim against us will be limited to the amount you paid, if any, for use of the Website and Services.
If you have any questions or concerns about our Terms, please contact us in writing.