Site Disclaimer

This site is not intended as an emergency response service. If you are in an emergency, need immediate assistance or have already been hurt call 911.

Should you be experiencing a crisis situation, the YLC Online Lifeline is a searchable database that will help you find a crisis hotline in your area.

The contents of the NewJourneys site, such as text, graphics, images, information, and other material contained on the NewJourneys site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional advice.

You should always seek the advice of a professional with any questions you may have regarding domestic violence or abuse. Do not disregard or reject professional medical advice you have obtained or delay in seeking such advice based on any of the Content accessed through the NewJourneys site.

Information, ideas and opinions expressed on this site should not be regarded as professional advice or our official opinion; you are strongly advised to seek professional advice before taking any course of action related to them.

To the fullest extent permissible by law, we expressly disclaim all (express and implied) liability. While we take all reasonable precautions to prevent this, we do not warrant that the website or any software available for download via the website is free of viruses or destructive code.

We and our officers, directors, employees, members, servants, affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) shall not be liable for and you hereby indemnify us and our officers, directors, employees, servants, affiliates, shareholders, agents, consultants or employees (in whose favour this constitutes a stipulation for the benefit of another) against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind whatsoever or howsoever caused (whether arising under contract, negligence or otherwise and whether the loss was actually foreseen or reasonably foreseeable) arising out of your use of the NewJourneys site. 

We do not recommend or endorse any specific professionals, products, procedures, opinions, or other information that may be mentioned on the site.

Reliance on any information provided on the site or by any of our employees or others appearing on the site at the invitation of NewJourneys, or other visitors to the site is solely at your own risk.

The site may contain health- or medical-related materials that are sexually explicit. 

The views and opinions expressed on New Journeys do not necessarily reflect the official policies or positions of the National Association of Friendship Centres, its staff, partners, funders, and/or contributors to the site.

 

NewJourneys Mobile Service Terms of Use

Important Provisions

Binding Contract

These Terms are a contract between you and the National Association of Friendship Centres, hereinafter referred to as “NewJourneys”, and govern use of this site and all related content and services (collectively, the “Service”). You may not use the Service unless you agree to be bound by and abide by these Terms so it is very important that to read these Terms and any other documents referred to in these Terms very carefully.

You signify agreement with these Terms and to be bound by them if you do either of the following:

Click to accept or agree to these Terms where NewJourneys makes an option to do so available to you; or

By using the Service in any way, in which case you understand and agree that NewJourneys will treat your Service use as acceptance of these Terms from the moment the you first begin to use the Service.

If you do not agree with any provision contained in these Terms, please do not use the Service in any way.

 

How To Interpret Our Terms

Our Terms contain a number of words and phrases which have specific meanings and most of which are capitalized. Our Glossary contains these words and phrases.

We also apply certain rules when interpreting these Terms and you can find our Interpretation Guide that set out these rules below.

 

Important provisions pertaining to legal liability

These Terms contain provisions that limit NewJourneys exposure to legal liability and even make users responsible for a variety of acts. Some of these provisions do have the effect of limiting users’ rights in law and imposing obligations on users by virtue of them making use of the Service.

It is therefore important that, as a user, you familiarise yourself with these provisions before you use the Service and that you not use the Service if you do not agree to abide by those provisions.

 

Service Provision

About the Service

This Service allows users in Canada to communicate with other users using the Service channels. The Service is restricted to users in Canada. Service users do not pay for Service use. The Service is more fully described on the Service Website.

 

Registration

When you register with us you will be asked to select a user name and password which you will use to secure your account. Once registered you will be able to log into your account using your user name and your password.  When registering with us to use the Service, you agree that you will provide complete and accurate information about yourself.

You must keep your username and password confidential and should not share it with anyone.  Do not tell anyone on the Service your real name, address, phone number or email address or any other information that could allow someone to identify you.  Never try to meet someone in person that you met on the Service.

In order to successfully complete the registration process, you are required to submit certain of your Personal Information to us and, when you do so, you assure us that the Personal Information you submit is accurate, current and complete. NewJourneys will process your Personal Information in terms of NewJourneys Data Protection Policy which you should read carefully.

NewJourneys may take steps to verify the Personal Information you submit once you have completed the requisite registration process and you agree that we may limit or terminate your use of the Service if any of your Personal Information is inaccurate or incomplete.

Your account’s security is solely your responsibility and, while we will take reasonable steps to protect your Personal Information, you agree that:

You are responsible for maintaining and promptly updating your Personal Information with us, thereby keeping it accurate, current and complete;

You will notify us if you believe your NewJourneys account has been compromised in any way, as soon as you become aware of this; and

If any security violations are believed to have occurred in association with your account, we reserve the right to suspend access to your account pending an investigation and resolution.

 

Fees and Payment

Users are not required to make any payments to make use of the Service.

 

Changes to the Service

You agree that NewJourneys may add new features to the Service and modify or even discontinue existing features without notice to you and in its sole discretion. NewJourneys will reasonably endeavour to notify you of proposed changes to the Service.

 

Licensing

License to NewJourneys

You grant NewJourneys an irrevocable, perpetual, transferable, sublicenseable, worldwide, non-exclusive, royalty-free license and right to copy, commercially exploit, transmit, distribute, publicly perform and display (through all media now known or subsequently created), and make derivative works from:

Content posted to the Service (this includes the right to make such modifications as are technically necessary to exercise the rights in other media or formats); and/or

Intellectual Property, you contribute to the Service or otherwise make available to NewJourneys in relation to the Service (this Intellectual Property may include, and is not limited to, suggestions, improvements or enhancements to the Service).

Without limiting the generality of the foregoing, you hereby grant to each user of the Service a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share any and all Content (in any format or media) that you post on, upload or otherwise submit to or through, the Service via any share functionality that may be available on the Service.

Each Content item made available through the Service will be subject to a separate license which commences on the date on which the particular Content item is posted to the Service.

For greater certainty, this means that, among other things, NewJourneys has the right to use any and all ideas you submit in any manner that we choose, without any notice or obligation to you whatsoever.

You warrant that you have sufficient rights in your Content either as the Content’s copyright owner or licensee in order to grant the licenses described above.

This warranty includes a specific warranty that, in the event you have included a 3rd Party’s Content, the 3rd Party Content which you have made use of is appropriately licensed to you to enable you to license it on the basis set out in this section.

You indemnify NewJourneys and NewJourneys’ Associates from any Losses which may arise as a result of your breach of this warranty or any Intellectual Property Rights violation which you may commit by using the Content in the context of the Service.

By using the Service and providing Content, you hereby acknowledge, agree, warrant and represent to NewJourneys that any and all Content (in any format or media) you post on, upload to or otherwise submit to or through, the Service:is original to you and that you have obtained all necessary rights in and to such Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the Service; and does not violate any law; and complies with these Terms.

Without limiting the generality of the foregoing, you also hereby acknowledge, agree, warrant and represent to NewJourneys that:

you shall be responsible for all acts or transactions that occur under your user account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all Content you upload, post or otherwise transmit to or through the Service;

we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any user Content; and

we do not generally screen or edit user Content, but that we reserve the right, in our sole and absolute discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any user Content (or any portion of any user Content) on the Service.

 

Licenses from NewJourneys

You acknowledge that you do not acquire any ownership rights or rights to use any of NewJourneys’ Intellectual Property.

 

Content License

We grant you a revocable Content License to use the Content made available through the Service for the sole purpose of enabling you to use the Service, in the manner permitted by these Terms. We may revoke this license at any time in which case you may no longer use the Content made available through the Service.

You may not (and you may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless we have specifically told you that you may do so, in writing.

Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-licence or otherwise, your rights to use the Content made available through the Service or otherwise transfer any part of your rights to use the Service.

To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Content is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original Content are retained and displayed without alteration or modification and not in any manner obscured or removed.

 

Content Verification and Reporting

You acknowledge and agree that NewJourneys is not responsible for reviewing Content posted to the Service and verifying that the Content does not infringe on any other person’s Intellectual Property Rights.

You agree that users may report any suspected Intellectual Property Rights infringement to NewJourneys and you agree that NewJourneys may remove your Content from the Service, either temporarily pending an appropriate review of the report submitted or permanently in the event NewJourneys determines, in NewJourneys’ sole discretion, that the Content concerned indeed infringes upon another person’s Intellectual Property Rights.

 

Service Use License

NewJourneys grants you a limited, non-exclusive, non-sublicensable, non-transferable license to use the Service.

 

Changes to these Terms

We reserve the right, in our sole discretion, to, and you agree that we may, amend these Terms at any time, in any way and from time to time. We will notify you of proposed changes to these Terms to the amended Terms, in advance of such amendments coming into effect, on the Service Website. These amendments shall come into effect automatically on their advertised commencement date.

It is your responsibility to review these Terms regularly and to ensure that you agree with any amendments to these Terms. If you do not agree with any amendments to these Terms, you may no longer use the Service.

 

Governing Law and Jurisdiction 

For users outside the Province of Quebec, these Terms, your use of the Service, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Ottawa in relation to all disputes arising from or related to this Agreement, your use of the Service and any related matters. 

For users in the Province of Quebec, these Terms, your use of the Service, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to this Agreement, your use of the Service and any related matters. 

 

Severability

Any provision in these Terms that is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from these Terms, without invalidating the remaining provisions of these Terms.

 

Termination

The Terms will continue to apply until either you or NewJourneys terminates these Terms as set out below.

You may terminate these Terms at any time by terminating your account and/or ceasing your use of the Service entirely.

NewJourneys may at any time, terminate its legal agreement with you if:

You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

NewJourneys is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

The Service provision is or becomes, in NewJourneys’ opinion, no longer commercially viable; or

NewJourneys otherwise wishes to terminate your use of the Service.

Those provisions of these Terms that are intended to survive termination of these Terms shall do so.

 

Effects of Termination

If your, a Designated User’s or any other user’s account is removed from the Service, the associated Content may also be deleted at our discretion. Content removed may not be recoverable and you agree that it is solely your responsibility for securely backing up or archiving Content posted to the Service or otherwise ensuring that this is done.

The following clauses shall survive the termination of these Terms for any reason whatsoever:

“Content Licensing” (and it’s sub-clauses);

“Governing Law and Jurisdiction”;

“Liability” (and its sub-clauses); and

“Glossary”.

If you are dissatisfied with the Site or with these Terms of Use or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site.

 

Data Protection

For information about NewJourneys’ data protection practices, please read the Data Protection Policy. This policy explains how NewJourneys processes Personal Information submitted to the Service when users use the Services.

 

Liability

These Terms of use contain provisions that limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these Terms.

References to “you” in this Liability section include the Client where you represent the Client.

 

Disclaimers and Liability Limitation

Your use of and reliance on the Service is entirely at your own risk. The Service is provided on an “as is” and “as available” basis.

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials is available on the Service. Some of the Content is provided by the NewJourneys or its partners and suppliers. Other Content is provided by persons who use the Service, such as user opinions and views provided via posts to articles, user stories, chat rooms, or polls. Although NewJourneys takes steps to verify information presented on or through the Service, NewJourneys does not represent or endorse the accuracy or reliability of any advice, opinion, statement, Content or other information contained in, displayed on, linked to or distributed through the Service other users may make available through the Service. NewJourneys cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by NewJourneys and its partners and suppliers, or by users of the Service. Any opinions, advice, statements or other information expressed or made available by users or third parties,  are those of the respective user or other third party and not of NewJourneys. NewJourneys does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Service.

NewJourneys does not have any obligation to pre-screen, edit, or remove any Content provided by users that is posted on or available through the Service.

Notwithstanding the foregoing, NewJourneys will have the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove, or move any such Content.

You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. NewJourneys reserves the right, in its sole discretion, to correct any errors or omissions on the Service without notice to you.

The content available via the Service is provided with the understanding that neither NewJourneys nor its partners and suppliers nor the site users are engaged in rendering medical, counselling, legal, or other professional services or advice.

Information, ideas and opinions expressed or conveyed on or through the Service should not be regarded as professional advice or NewJourneys’ official opinion on any topic and you are strongly advised to seek independent and competent professional advice before acting on such information, ideas and opinions. You should always seek the advice of a professional with any questions you may have regarding domestic violence or abuse.

To the fullest extent permissible by law, NewJourneys disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the Service or any Content made available through the Service is fit for any particularly purpose.

You agree that NewJourneys shall not be liable in respect of any Losses caused by or arising from the unavailability of, any interruption in Service use (either in part or as a whole) for any reason whatever.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL IMPLIED CONDITIONS, IMPLIED REPRESENTATIONS AND IMPLIED WARRANTIES, WHETHER STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEWJOURNEYS MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SERVICE WILL BE COMPATIBLE WITH YOUR DEVICE; (II) THE SERVICE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SERVICE WILL BE SECURE; (V) THE USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SERVICE WILL NOT CAUSE ANY DAMAGE.

COMMENTS OR OPINIONS EXPRESSED ON THE SERVICE ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE SERVICE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF NEWJOURNEYS. NEWJOURNEYS IS NOT RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE SERVICE.

IN NO EVENT SHALL NEWJOURNEYS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THIS AGREEMENT OR THE SERVICE. YOU EXPRESSLY ACKNOWLEDGE THAT NEWJOURNEYS HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SERVICE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SERVICE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN  SHALL APPLY WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. NewJourneys does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Service, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information).  In no event will the information you provide on or through the Service be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. While every effort is made to ensure that all software provided on the Service is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

 

Indemnity

You indemnify NewJourneys and NewJourneys’ Associates from any Losses due to or arising out of your, a Designated User’s or any user’s use of the Service or breach of these Terms.

NewJourneys is not responsible for files and data associated with your account or for any Content any users have made available through the Service. You agree to take full responsibility for the integrity of any and all Content, Personal Information and other data or information posted to the Service as well as to maintain appropriate Content and data backups of your own.

 

3rd Party Websites and Services

Your use of those 3rd Party Websites which you may link to or access through your use of the Service may be subject to these Terms and/or the terms of use applicable to those 3rd Party Websites. You agree that it remains your obligation to familiarise yourself with 3rd parties’ terms of use and to comply with both them and these Terms. In the event there is a conflict between these Terms and 3rd Party’s terms of use, these Terms shall prevail to the extent of the conflict for the purposes of your access to the Service.

Links to and from the service from and to 3rd Party Websites do not constitute NewJourneys’ endorsement of these 3rd Party Websites or their contents, nor does NewJourneys necessarily associate itself with their owners or operators. You are solely responsible for identifying and familiarising yourself with any terms and conditions which will govern your relationship with third parties operating the 3rd Party Websites.

NewJourneys has no control over 3rd Party Websites and you agree that we are not responsible for any content, information, goods or services available on or through any 3rd Party Websites or for any Losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any 3rd Party Websites. You agree that where you access 3rd Party Websites, you do so entirely at your own risk.

Your interaction, correspondence or business dealings with third parties which are referred to or linked from or to the Service is similarly entirely at your own risk and are solely between you and that 3rd Party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.

 

Complaints

If you are of the view that your rights have been infringed through the unlawful use of the Service by any person, you may address a complaint to us that satisfies the following requirements and/or contains the following information:

  • The full names and address of the complainant;
  • The written or electronic signature of the complainant;
  • Identification of the right that has allegedly been infringed;
  • Identification of the material or activity that is claimed to be the subject of unlawful activity;
  • The remedial action required to be taken by the service provider in respect of the complaint;
  • Telephonic and electronic contact details, if any, of the complainant;
  • A statement that the complainant is acting in good faith;
  • A statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.

Please address your notifications to:

Mr. Yancy Craig
275 MacLaren Street 
Ottawa, Ontario
K2P 0L9
Office: (613) 563-4844 ext.335 
ycraig@nafc.ca 

We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the Service and/or suspension or termination of the offending party.

 

Documents and Notices

We choose the addresses below for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.

 

We May Monitor Your Communications

Subject to the provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and substantially similar provincial legislation in Alberta (Personal Information Protection Act), British Columbia (Personal Information Protection Act) and Quebec (An Act Respecting the Protection of Personal Information in the Private Sector), and for the purpose of ensuring a safe space for the users of our mobile platform, free from cyber bullying and harassment, you agree to permit us to monitor, block, filter and delete  all communications users send or post to or using the Service and/or to our staff and/or employees.

In addition, we may access, preserve and share your Personal Information internally or with law enforcement officials in response to a legal request if we have a good reason to believe that the law requires us to do so.

The Service moderators are under no legal obligation to actively screen or edit user Content, but reserve the right, in their sole and absolute discretion, to modify, edit or remove any user Content, or to request a user to modify or edit his or her user Content, if a complaint or notice of allegedly infringing materials is received with respect to the user Content, or for any other reason.

You agree to permit us to intercept, block, filter, read, delete, disclose and use all communications you send or post to or using the Service and/or to our staff and/or employees.

 

Miscellaneous

You agree that:

You are bound by these Terms;

Data messages addressed by you to us shall be deemed to have been received if and when responded to;

Electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and us;

Data messages that you send to us from a computer, IP address or mobile device normally used by you, was sent and/or authorised by you personally.

These Terms constitute the whole agreement between you and us relating to your use of the Service.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms which we may show, grant or allow you shall operate as an estoppel against us in respect of its rights under these Terms nor shall it constitute a waiver by us of any of our rights and we shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.

Without limiting the generality of these Terms, your use of the Service is also subject to the terms of our Acceptable Use Policy and NewJourneys Data Protection Policy, which is hereby incorporated into and made part of these Terms.  Please carefully review these policies.  By using the Site, you signify that you have read, fully understand and agree to be legally bound by these policies. 

 

Interpretation Guide

In these Terms, headings are for convenience and we do not intend for them to be used to interpret the Terms.

Unless we indicate to the contrary in these Terms, any references to any gender includes the other gender, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.

When we specify any number of days in the Terms, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in Canada, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or gazetted public holiday in Canada. References to a “day” are references to typical business days.

All annexures, addenda and amendments to these Terms form an integral part of these Terms and, therefore, our contract with you.

 

Glossary

The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meanings –

“3rd Party” means a Party other than the Client and NewJourneys;

“3rd Party Website” means a website other than the Service Website or mobisite;

NewJourneys”, “our”, “us” and “we” means or are references to the National Association of Friendship Centres, a nongovernmental organization registered in accordance with the laws of Canada;

NewJourneys’ Associates” means NAFC’s officers, servants, agents and contractors;

“Client” means the entity or person who contracts with us for the use of the Service;

“Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which may be protected by copyright;

“Data Protection Policy” means the policy document, appended to this document, explaining what Personal Information is collected through the Service, how that Personal Information is processed and under what circumstances and to whom this Personal Information may be disclosed;

“Designated Representative” means a person authorised by a Client to register users on the Client’s behalf;

“Intellectual Property” means all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising, marketing and promotional concepts, ideas, proposals and slogans (whether or not subject to copyright); information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts; trade secrets; and any inventions, including all processes, machines, and compositions of matter, and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon;

“Intellectual Property Rights” means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;

“Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);

“Party” means either NewJourneys or you as the context may indicate (“Parties” has a corresponding meaning);

“Personal Information” bears the meaning contained in the Personal Information Protection and Electronic Documents Act (PIPEDA) and substantially similar provincial legislation in Alberta (Personal Information Protection Act), British Columbia (Personal Information Protection Act) and Quebec (An Act Respecting the Protection of Personal Information in the Private Sector), as amended from time to time;

“post” means to upload, publish, transmit, share or store (“posted” has a corresponding meaning);

“Service” means the NewJourneys messaging service and associated services described on the Service Website through which users may communicate with other users through the Service;

“Service Website” means the website through which you may use the Service found at [http://www.newjourney.ca] as well as other NewJourneys domains which we may use, from time to time;

“Terms” means the terms and conditions which govern use of the Service, as amended from time to time;

“use” when used in the context of -

A website (whether it be the Service Website or a 3rd Party Website), means to visit, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;

The Service or Content, means to copy, download, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate the Service or such Content;

“user” means the Service’s end users and excludes a Designated Representative.

 

Acceptable Use Policy

The use of the Service is governed by the Service Terms of Use found on the NewJourneys Service.

This Acceptable Use Policy incorporates the following provisions (and their subordinate provisions) of the Service Terms of Use by reference:

How to Interpret Our Terms;

Licensing;

We May Monitor Your Communications;

Documents and Notices.

The provisions incorporated into this Policy from the Terms must be read as being applicable to this Policy; to the extent doing so does not materially change their meaning.

To the extent the provisions of this Policy conflict with the Terms, the provisions of this Policy will prevail to the extent of the conflict.

This Acceptable Use Policy forms part of the NewJourneys Service Terms of Use and incorporates the Service Terms of Use by reference.

You may not frame the Service in any way whatsoever except as permitted by the Service’s functionality or otherwise without our prior written permission. Recognising the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the Service.

You acknowledge that NewJourneys is associated with various 3rd Party Websites, and therefore you acknowledge that you are bound by the terms and conditions that the 3rd Party Websites have in place.

You agree to adhere to generally acceptable Internet and messaging etiquette. In this regard, without being limited to the examples listed below, you agree not to use the Service, and may not permit any aspect of the Service to be used, for or in conjunction with any illegal, unlawful or immoral purposes or as prohibited by these Terms or –

In a manner that infringes, violates or misappropriates any 3rd Party’s Intellectual Property Rights or other proprietary rights or contractual rights;

Submit or otherwise post any person’s Personal Information to the Service without that person’s informed, specific and voluntary consent to do so;

In a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

To send, disseminate or publish commercial or unsolicited messages (irrespective of whether they are commercially oriented or not), “chain letters,” materials promoting “pyramid schemes”;

To advertise illegal or controlled products or services, or engage in any other advertising or marketing activities that violate these Terms, any applicable laws (including, but not limited to, Canadian law), regulatory frameworks or generally-accepted advertising industry guidelines;

To fail or refuse to honour an express opt-out of any direct marketing messages in a manner consistent with applicable law (including Canadian law);

In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other Personal Information in a misleading manner or for fraudulent or misleading purposes;

In a manner that is defamatory, or in a way that is otherwise offensive, obscene, in appropriate, threatening, abusive, violent, harassing, malicious or harmful to any person or entity;

In a manner that is harmful to minors in any way;

In a manner that is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as NewJourneys may reasonably determine from time to time, in its sole discretion;

To impersonate NewJourneys, any of NewJourneys’ Associates, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Service without appropriate authorisation;

To circumvent, disable or otherwise interfere with the Service’s security related features or any other features that prevent or restrict use or copying of any Content, protect Personal Information or enforce limitations on Service use;

To use the Service in such a way as to interfere with Service use, so as to constitute a denial, including a partial denial, of service to users;

To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy NewJourneys’ Intellectual Property Rights in and to the Service; and/or

In a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of any Content transmitted through the Service or to users.

Additionally, you agree not to:

“Stalk” or otherwise harass anyone;

Collect and process any person’s Personal Information without that person’s informed, specific and voluntary consent;

Use the NewJourneys name in a such a manner as to suggest an unauthorised association between you or your principal and NewJourneys;

Post any Content depicting or describing child pornography to the Service;

Post any Content that NewJourneys, in its sole discretion, determines depicts or contains pornography, unwarranted nudity, sexual violence, extreme violence, murder, bestiality, incest, or other similar Content; and/or

Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or otherwise use Personal Information (this does not include Internet search engines (e.g. Google) and non-commercial public archives (e.g. Archive.org) that comply with NewJourneys’ reasonable restrictions and guidelines for such activities, including through the use of a robots.txt or similar file).

Except as expressly permitted by these Terms, you agree not to, nor will you allow any 3rd Party (whether or not for your benefit) to:

Run, rent, lease, loan, or sell access to the Service;

Decompile or reverse engineer or attempt to access the source code of the software underlying the Service;

Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any NewJourneys Intellectual Property;

Use any aspect of the Service by any means other than as permitted in these Terms or their applicable licenses;

Circumvent, disable or otherwise interfere with the Service’s security related features or any other features that prevent or restrict use or copying of any Content, protect Personal Information or enforce limitations on Service use;

Use the Service in such a way as to interfere with Service use, so as to constitute a denial, including a partial denial, of service to users; or

Delete the copyright and other Intellectual Property Rights notices posted to the Service.

Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to:

Without notice, suspend or terminate your Service use;

Hold you liable for any costs we incur as a result of your, users’ or a Designated Representative’s misconduct; and/or

Notwithstanding our Data Protection Policy found on the Service Website and mobisite, disclose any information relating to you, whether public or personal, to all persons affected by your actions as well as to appropriate legal authorities.

 

NewJourneys Data Protection Policy

This Policy incorporates the following provisions (and their subordinate provisions) of the Service Terms of Use by reference:

How to Interpret Our Terms;

Data Protection;

We May Monitor Your Communications;

Documents and Notices.

The provisions incorporated into this Policy from the Terms must be read as being applicable to this Policy, to the extent doing so does not materially change their meaning.

To the extent the provisions of this Policy conflict with the Terms, the provisions of this Policy will prevail to the extent of the conflict.

The defined terms in the Supplementary Glossary in the Policy have specific meanings in the context of this Policy and shall be interpreted in accordance with the principles set out in the Terms.

 

About this Data Protection Policy

This Data Protection Policy sets out how we process any Personal Information that any person gives us when they use the Service. NAFC takes your privacy very seriously. We ensure that our collection, use, retention and disclosure of personal information complies with the requirements of Personal Information Protection and Electronic Documents Act  (PIPEDA) and substantially similar provincial legislation in Alberta (Personal Information Protection Act), British Columbia (Personal Information Protection Act) and Quebec (An Act Respecting the Protection of Personal Information in the Private Sector).

If you have any questions about this Data Protection Policy or do not agree with it, please contact us before using the Service. We may change this Data Protection Policy from time to time by updating this page. You should check this page from time to time to ensure you are happy with any changes. This Data Protection Policy is effective from June 10, 2015.

Users are required to agree to this Data Protection Policy as a condition for using the Service.

 

Information NewJourneys Collects from You

We collect Personal Information for the purpose of providing the Service and, specifically, for the reasons set out in this Data Protection Policy.

 

Personal Information Users Volunteer or Which We May Infer

“Personal Information” is broadly defined in PIPEDA and substantially similar provincial legislation as information about a natural person that allows that person to be identified.

We also collect certain Personal Information automatically which you do not expressly submit to NewJourneys, as described below. The Personal Information we collect from different users varies depending on the type of the user.

We may collect the following Personal Information from you and users:

  • Name, mobile phone number, email address;
  • Year of birth;
  • Gender;
  • Online profile links;
  • General location or similar location based information; and
  • Information regarding your personal or professional interests, demographics, experiences with our products and contact preferences.

The Personal information collected is not limited to the Personal Information listed above and may include other items of Personal Information which users provide when using the Service.

We may require you to submit certain Personal Information to the Service and these compulsory fields are designated as such in the relevant forms. We will limit the Personal Information marked as required and will only process this Personal Information to the extent required in order to deliver, develop and improve the Service, related opportunities and facilitate the Service’s improved administration.

 

Personal Information We Collect Automatically

When you use the Service, NewJourneys automatically receives and records information in our server logs from your browser or mobile platform, including your location, IP address, and the page you requested.

 

We May Monitor Your Communications

For the purpose of ensuring a safe space free of harassment and cyber bullying for all users of our mobile platform, Site moderators will from time to time monitor user comments on the stories we post.

Site moderators will have the ability to intervene if they witness harassment, cyber bullying or other behaviours between users that are in contravention of our Standards of Behaviour. Comments posted on the Site or communications between users that are in contravention of the Standards of Behaviour may be blocked or removed.

If a contravention of the Standards is noted, we will email users to advise them of the contravention. If the contravention persists, a user’s ability to comment and communicate with other users may be limited or revoked on a temporary or permanent basis.

As part of this process of monitoring these communications, we may record such communications for disclosure on the basis set out in this Data Protection Policy.

 

Can You Refuse to Provide Information?

The choice to provide us with your Personal information is yours. However, should you decide to withhold information, our ability to meet your needs may be limited.

 

Security

We are committed to ensuring that users’ Personal Information is securely stored and maintained. In order to prevent unauthorised Personal Information access or disclosure we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure this Personal Information. We encrypt passwords and use SSL certificates to ensure the website is served in an industry standard secure manner.

 

Linking

We may link to other websites that are not within our control. We cannot be responsible for the protection and privacy of any information that users provide to Third Parties. You should exercise caution and look at the privacy statement applicable to the 3rd Party Website or governing the 3rd Party Website in question.

 

Cookies

As we mentioned above, we use cookies in the Service. Cookies are files that store information on your hard drive or browser that means that the Service can recognise that users have visited the Service before. Cookies make it easier for users to maintain their preferences and other settings on the Service, and by seeing how users use the Service, we can tailor the Service around users’ preferences and measure usability of the Service.

You need not consent to NewJourneys tracking your use of the Service website using cookies and, if you choose not to, you may not enjoy the Service’s full functionality which is facilitated by cookies.

Users may, should they so choose, disable the cookies from your browser and delete all cookies currently stored on their computers. Users can find out how to do this for their particular browser by clicking "help" on their browser's menu or otherwise seeking assistance from a suitably qualified advisor.

 

What we do with the Information

We process Personal Information and other Information for the following reasons:

Provide an grant access to the Service and notify you, Designated Representatives and/or users about important changes or developments to the Service;

Create and maintain a user database;

Respond to users’ inquiries and complaints or to process users’ requests in relation to their Personal Information;

Following up with you or users up as part of our customer care procedures;

Internal record keeping;

Crime detection prevention and prosecution;

Evaluating the effectiveness of our advertising campaigns and for research, training and statistical analysis with the aim of improving the Service; and

Improving the Service.

We may contact you, Designated Representatives and/or users by e-mail, phone or mail in relation to the purposes set out in this section and by providing such Personal Information, you and such persons are deemed to have agreed to us contacting them using these methods of communication.

 

Sharing Your Information

We will not transfer, disclose, sell, distribute or lease users’ Personal Information to third parties other than on the following basis:

Where we have permission from the person concerned;

Where we are required to do so by law;

Where it is reasonably required by our agents, advisors or others involved in rendering the Service or in undertaking activities linked to the operation of the Service on our behalf and only to the extent required.

 

Transborder Transfer of Information

The process of sharing information with your permission, or where we are required to do so by law or by our agents or others on our behalf may include sending Personal Information to other countries, whose data protection laws may not be as extensive as in Canadian Law. We have, however, taken appropriate and reasonable steps to ensure the same level of protection for the processing carried out in these countries as are afforded by Canadian Law. Where information is transferred or stored outside Canada, it may be accessible to foreign law enforcement and other foreign authorities.

 

Accessing Your Personal Information

Users who believe that any Personal Information about them that we have is incorrect or incomplete, should contact us immediately. We will correct or update any information as soon as possible.

Users may request details of Personal Information that we hold about them. Any person may furthermore request us to delete their Personal Information stored in relation to the Service although doing so may necessitate limiting or terminating the requesting users’ Service use, at our sole discretion.

 

Principles

NAFC’s employees, agents and subcontractors with access to your personal information are expected to have basic knowledge and understanding of the general principles underlying PIPEDA and substantially similar provincial legislation:

  1. Accountability

    An organization is responsible for personal information under its control and shall designate an individual or individuals who are accountable for the organization's compliance with the following principles.

  2. Identifying Purposes

    The purposes for which personal information is collected shall be identified by the organization at or before the time the information is collected.

  3. Consent

    The knowledge and consent of an individual are required for the collection, use, or disclosure of personal information, except where appropriate.

  4. Limiting Collection

    The collection of personal information shall be limited to that which is necessary for the purposes identified by the organization.  Information shall be collected by fair and lawful means.

  5. Limiting Use, Disclosure and Retention

    Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law.  Personal information shall be retained only as long as necessary for the fulfilment of those purposes.

  6. Accuracy

    Personal information shall be as accurate, complete and up-to-date as is necessary for the purpose for which it is used.

  7. Safeguards

    Personal information shall be protected by security safeguards appropriate to the sensitivity of the information.

  8. Openness

    An organization shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.

  9. Individual Access

    Upon request, an individual shall be informed of the existence, use, and disclose of his or her personal information, and shall be given access to that information.  An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

  10. Challenging Compliance

    An individual shall be able to address a challenge concerning compliance with the above principles to the designate individuals accountable for the organization's compliance.

 

HOW TO CONTACT US

Our Privacy Officer is responsible for facilitating NAFC’s compliance with PIPEDA and substantially similar provincial legislation and may be contacted at:

Mr. Yancy Craig
275 MacLaren Street 
Ottawa, Ontario
K2P 0L9
Office: (613) 563-4844 ext.335
ycraig@nafc.ca   

 

Supplementary Glossary

“Policy” means this NewJourneys Data Protection Policy as read with the Service Terms of Use

“Service Terms of Use’ means the NewJourneys Service Terms of Use which is read with this Policy, found at Acceptable Use Policy