Terms & Conditions

initio Technology and Innovation Law Clinic

Terms and Conditions

Last Updated: August 2024

THESE TERMS AND CONDITIONS CONTAINS LEGAL OBLIGATIONS

PLEASE READ CAREFULLY BEFORE ACCESSING ANY INITIO SERVICE

Please also review our Privacy Policy

These Terms and Conditions (“Terms”, “Terms and Conditions”) constitute a legal agreement and govern your relationship with the website, and social media accounts (collectively the “Site”) operated by the initio Technology and Innovation Law Clinic at Dalhousie University’s Schulich School of Law (“initio Clinic” “initio”, “us”, “we”, or “our”). These Terms and Conditions apply to our collection, use, storage, and disclosure of personal information through our websites, social media accounts, and events or other activities (collectively the “Services”).

BY VISITING OR USING THE SITE YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY. YOU AGREE ON YOUR OWN BEHALF, AND ON BEHALF OF ANY ENTITY ON WHOSE BEHALF YOU MAY ACT, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE TERMS AND CONDITIONS FOR EACH USE OF AND EACH VISIT TO THE SITE.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY YOU MUST NOT ACCESS OR USE THE SITE.

As the initio Clinic is overseen by the Schulich School of Law and Dalhousie University, it is subject to Dalhousie University’s Terms of Use  to the extent that they apply. We endeavour to follow and maintain Dalhousie University’s policies to the extent they apply. We use Squarespace and other third parties to host the Site, and thus by using the Site you agree to adhere to Squarespace’s Acceptable Use Policy and any other applicable policies.

1. Legal Advice Not Provided and Lawyer-Client Relationship Not Created

This Site is provided solely for informational purposes by the initio Clinic and its use by you is conditional on your acceptance of the Terms and Conditions as stated below. These materials do not constitute and are not intended as a substitute for legal advice, and do not create a lawyer-client relationship between you and the initio Clinic. Any opinions expressed through the content of this Site are the opinions of the particular author and may not reflect the opinions of the initio Clinic. 

A lawyer-client relationship will only arise between you and the initio Clinic only if we specifically agree to act for you by way of a signed written retainer. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material. The initio Clinic does not guarantee the confidentiality of any communications sent by email or through the Site. Unsolicited information and material may not be treated as confidential and will not be protected by lawyer-client privilege.

2. Modification to the Terms and Conditions to the Site

The initio Clinic reserves the right, in its sole discretion, to add to, remove, modify, or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at the Site. Please check these Terms and Conditions regularly for updates by checking the date of “Last Updated” at the top of this document. If any change is not acceptable to you, you must discontinue your use of the Site and any of the Services immediately. Your continued use of the Site or our Services after any such changes are posted, will constitute acceptance of those changes.

3. Purchasing Services  

This Site may offer goods and/or services.

If you wish to purchase a service made available through the Site, you may be asked to supply certain information relevant to your purchase including, without limitation, your full name, your email address, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting such information, you grant us the right to provide the information to third parties only for purposes of facilitating such purchases. Any such collection and use of your personally identifiable information is governed by our Privacy Policy. Please ensure you read our Privacy Policy on this Site before sharing any personally identifiable information with us.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the purchase to complete, or any resulting loss or damages to you.  

4. Linked Sites 

Please exercise discretion while browsing the internet. The initio Clinic may provide links to other websites. Please note these links are provided only as a convenience, and the initio Clinic is not responsible for the content of any third-party website and does not endorse the information contained therein or guarantee its quality, accuracy, reliability, or completeness.  

If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. The initio Clinic is not responsible for the content of any such linked sites or any other web page which is not part of the Site or under the initio Clinic’s control.

5. Dealings with Third Parties

You acknowledge and agree that your correspondence or business dealings with any third parties including any merchants or advertisers, found on, or through, the Site or Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings are solely between you and such third parties. The initio Clinic assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable law in connection with any such transactions shall be yours alone.

6. Security 

The security of your personal information is important to us. We use physical, electronic, and administrative measures that are customary in the legal profession, which are designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for their own access to the Site and are required to ensure that all persons who access the Site through a user’s internet connection are aware of the Terms and Conditions and comply with them.

Unfortunately, the transmission of the internet is not completely secure. The initio Clinic maintains reasonable security precautions but does not guarantee the security of any communication to or from the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

7. Intellectual Property Rights and Ownership 

The Site and its entire contents, features, and functionalities, including but not limited to information, designs, graphics, pictures, illustrations, software, artwork, video, names, words, titles, phrases, selection and arrangement, logos and marks displayed on the Site are owned by the initio Clinic, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

You may only use our Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium whatsoever except:  

a) your computer and browser may temporarily store, or cache copies of materials being accessed and viewed; 

b) reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; or

c) if we grant you written permission.

Users are not permitted to modify copies of any materials from this Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

You acquire absolutely no rights or licences to the Site other than the limited right to use the Site in accordance with the Terms. You shall not use the Site for any purpose except as expressly provided therein.  

8. Social Media

We may use social media channels, including, but not limited to, Instagram or LinkedIn, to promote the content of the Site and the Services of the initio Clinic. Our use of social media serves as an extension of our Site. Social media accounts are public and are not hosted on our servers. Users who choose to interact with us via social medial should read the applicable terms of service and privacy policies of the third-party service providers and those of any application you use to access them.

Comments left by individuals on social media can be read by anyone. We strongly advise you not to post any personal information or information related to your legal matter on social media channels. We reserve the right to remove any comments and to block or ban users on our social media channels. Comments on our social media channels do not reflect the opinions of the initio Clinic.

9. Privacy 

By submitting your personal information and using our Site, you consent to the collection, use, and disclosure of such information in compliance with our Privacy Policy.

10.  Cookies 

By using our Site, you consent to the use of cookies and agree to the Cookie Policy of our hosting provider Squarespace. 

Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.

Our Site uses these “cookies” to collection information and to improve our Services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Services. 

11. Disclaimers 

The Site is provided on an “as-is” and “as available” basis, and we expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We do not guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, or that it is complete, legal, or safe.  

12. Limitation on Liability 

THE SITE IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. IT IS NOT ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL ADVICE SPECIFIC TO YOUR CIRCUMSTANCES BEFORE TAKING ANY ACTION OR INACTION IN RELATION TO YOUR SITUATION AT HAND.

WE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR IN RELIANCE ON THE INFORMATION AVAILABLE THROUGH THE SITE, INCLUDING THE LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, OR ANY OTHER PERSONAL OR PECUNIARY LOSS, WHETHER THE ACTION IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER CAUSE OF ACTION. ACCESS TO AND USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS, WILL AT ALL TIMES, BE LIMITED TO A MAXIMUM OF FIVE CANADIAN DOLLARS ($5 CAD). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. 

13. Governing Law 

You expressly agree that any disputes, claims, complaints or actions you may choose to advance arising from your use of the Site will be decided by the Courts established under and applying the laws of Nova Scotia excluding the law relating to choice of law and forum conveniens. You further expressly agree that you have attorned to the jurisdiction of the Courts of Nova Scotia for the purpose of resolving any such dispute, claim, complaint, or action.  The Site is intended for use only in jurisdictions where it may lawfully be available for use. 

14. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the initio Clinic, and its affiliates, employees, agents, service providers, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Site, including, but not limited to, third-party sites, any use of the Site’s content, services, and products other than as expressly authorized in these Terms and Conditions.

15. Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in as determined by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect impair any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired this Agreement, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. 

16. Waiver and Assignment

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. 

17.  Questions  

For all inquiries or comments regarding the Terms and Conditions, please contact Alayna R. Kolodziechuk, Director, initio Technology and Innovation Law Clinic at initio@dal.ca.

 

All students and staff of Dalhousie University are also bound by the University’s Privacy Policy.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.