Our websites located at www.tlkycs.ca and other subdomains (“Website”) are owned and operated by Tung Lin Kok Yuen, Canada Society (referred to as “the Society”, “TLKYCS”, ”we”, ”our” or ”us”). Please read these terms of use (“Agreement”) before using the Website or participating in our programs, activities, or services (altogether “Services”). “You” and “Your” in this Agreement includes any person who accesses the Website and submits personal data.
Your Consent
1. By continuing to use the Website or Services, you agree to abide by the terms and conditions of this Agreement and the Privacy Policy.
No Advice or Warranties
2. Browsing the Website or using the Services provided by TLKYCS through the Website is solely at your own risk. TLKYCS, its board of directors, staff, and volunteers supporting the Website and Services will not be liable for any direct, indirect or consequential loss or damage of any kind (including loss of revenues, profits, business or data, in any way related to the Website or Services), or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Website or Services, or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise (even if foreseeable), incurred by any person for any cause arising as a result of the use of or access to, or inability to use or access the Website or Services, any use of or access to, or any inability to use or access any web sites linked to the Website, any donations concluded through the Website or any content posted on such websites (including any defamatory content or content which infringes intellectual property rights of any third party). You hereby release, waive, and discharge the above parties from all claims. This does not affect our liability which cannot be excluded or limited under any applicable law.
3. The content displayed on this Website is provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose, and without any guarantees, conditions or warranties as to its accuracy. TLKYCS does not guarantee that such content is error-free or without any defects. TLKYCS is not responsible for the availability, content or services of other third party providers, online merchants or advertisers that may be linked to or posted within the Website. We do not provide any warranty or guarantee in respect of availability and/or uninterrupted use of the Website except that we will use our reasonable endeavours to rectify serious faults as soon as practicable.
4. All information, contents and services provided on this website is for general information purposes. While we endeavor to keep them accurate, you agree not to hold us responsible for any error, omission, misrepresentation or false information. We shall not be liable for any loss or damage of any kind as a result of any proper or improper use of information, contents, and services provided on the Website. The opinions expressed by the contributors of the Website (in forms of writing, graphic, videos, or other forms) do not necessarily reflect our position.
5. We reserve the right to make changes to the Website at any time, and from time to time modify or discontinue temporarily or permanently the Website (or any part thereof) with or without notice to you.
Copyright
6. Unless otherwise indicated, all contents (including but not limited to texts, photographs, graphics, drawings, diagrams, audio files and video files) found on this Website are subject to and protected by copyright owned by TLKYCS.
7. You are granted, as a user of the Website, a limited license to use (display or print) short extracts of content of the Website, without any modification, for your own personal, non-commercial use only. For any other use of any content, prior written consent of TLKYCS is required. Such requests for consent shall be sent via email at [email protected]. TLKYCS must be acknowledged as the copyright owner of such text contents with sources properly cited.
8. Where third party copyright is involved in the materials or contents found on this Website, permission for reproduction or distribution or otherwise use any such contents must be obtained from the copyright owner(s) concerned.
9. TLKYCS reserves the right to withdraw any permission to use contents of the Website at any time without any prior notice to you.
Third Party Websites
10. This website may provide links to third party websites. We shall not be liable for any loss or damage of any kind as a result of any proper or improper use of such links or the content of such information on external web sites linked to the Website.
11. TLKYCS does not have authority to act for any third parties (including any third parties who process online donations or Services through the Website). You agree that TLKYCS will have no liability to you in relation to any dispute, payment or contract between you and any such third party.
Computer Viruses
12. Although TLKYCS intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan Horses” or other destructive materials to the Website, TLKYCS and its affiliates, agents, licensors or other third party providers do not guarantee or warrant that the Website or content displayed on the Website (whether downloadable or not) from the Website do not contain such destructive features. TLKYCS and its affiliates, agents, licensors or other third party providers are not liable for any direct, indirect or consequential loss or damage attributable to such destructive features. For the avoidance of doubt, any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material from the Website or any third party websites linked to the Website.
No Refund Policy
13. There is no refund policy for our online payments or donations.
General
14. All information, contents and services provided on this website are not intended for access or use by persons in any jurisdiction which prohibits or otherwise restricts access to or use of such information, contents and services. By accessing this website, you warrant that your access to or use of the information, contents and services provided on this website will not result in us or in you violating applicable laws and regulations of your jurisdiction.
15. This Agreement has been prepared in English only. If a translated version is provided for reference and in the event of a conflict between the English and the translated versions, the English version will prevail.
16. This Agreement and the enforcement of its terms will be interpreted and conducted under the laws of the Province of British Columbia, Canada, notwithstanding any conflict of laws of your domicile, residence, or physical location.
17. You consent and submit to the exclusive jurisdiction of the courts of Province of British Columbia, Canada, over any claim arising from or in connection with the Website or Services.
18. This Agreement constitutes the entire agreement between you and TLKYCS and governs your use of the Website and Services, superseding any prior agreements between you and TLKYCS with respect to the Website and Services.
19. The failure of TLKYCS to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
20. TLKYCS reserves the right to seek all remedies available at law for breaches of any of the above terms and any hacking or unlawful interference to the Website and Services.
21. The terms of this Agreement may be modified or supplemented from time to time by TLKYCS without prior notice. Please check this webpage regularly for any modifications or supplements which may be made.
22. If you have any concerns about material which appears on the Website or if you wish to make a complaint concerning the use of any material or content contained in the Website or any Services, or report any breach or violation of any of the provisions of this Agreement, please contact us by email at [email protected] or by mail to 2495 Victoria Drive, Vancouver, BC V5N 4L1.
Tung Lin Kok Yuen, Canada Society
Last update 1 March 2023