Terms of Service
LISTENING SERVICES AGREEMENT
Women’s Listening Space (the “Organizer”, “we”, or “us”) provides a thought-provoking and unique environment (the “Listening Spaces”) that inspires you to maximize your potential through confidential interpersonal conversation with like-minded peers. The Organizer owns and operates the website www.womenslisteningspace.com (the “Website”). These terms and conditions (the “Terms”) comprise an electronic contract that establishes the legally binding terms and conditions you (“You” or “Your”) must accept when You access or use our Website and any and all Listening Spaces and Listening Sessions (the “Services”).
These Terms are designed to be read in connection with our Privacy Policy, which is available at https://womenslisteningspace.com/privacy-policy/.
By accessing or using the Website and/or Services, including by submitting an application to participate in the Listening Spaces and Listening Sessions, You accept and agree to the terms, conditions and notices contained or referenced herein and consent to have the terms, conditions and all notices provided to You in electronic form.
If You breach any provision of these Terms, Your right to access and use this Website and the Services will cease immediately.
- DISCLAIMERS
- By accessing the Website and submitting an application to participate in a listening space, You acknowledge and agree that:
- You are at least 19 years of age.
- Your use of the Website is at Your own risk.
- Any content or information that You transmit is at Your sole discretion and risk. You are solely responsible for any loss or damage that may arise from such transmittal. We are not responsible for any incorrect, inaccurate or unreliable content in connection with the Website.
- We are not responsible for any user of the Website’s conduct, whether online or offline.
- We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, theft or destruction or unauthorized access to, or alteration of the Website.
- We do not guarantee that:
- the Website will meet Your requirements;
- access to the Website will be uninterrupted, timely, secure, or error-free;
- the quality or reliability of the Website will meet Your expectations;
- defects will be corrected; or that
- the content is or will be free of viruses.
- The Organizer cannot guarantee that information You provide to us or we collect will not be disclosed to third parties. The Organizer will take reasonable measures to prevent the disclosure of such information to advertisers, but does use third party platforms in connection with its business operations including, but not limited to: the Stripe payment platform, Zoom video platform, and WordPress website services. You may review these third party platforms’ policies should You have any further concerns and You may cease use of the Services at any time.
- By accessing the Website and submitting an application to participate in a listening space, You acknowledge and agree that:
- MEMBERSHIP
- You may use the Website free of charge. You agree and understand that free use of the Website only entitles You to participate in some of the features available as part of the Services.
- In order to access additional features, You must create a username and password to the Website via the application process to participate in the Organizer’s Listening Spaces. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account.
- If the Organizer accepts Your application to participate in the Organizer’s Listening Spaces, You may become a member of the Listening Spaces (a “Member”) only by satisfying payment in connection with a Member Plan. Accordingly, Your use of additional features, including access and participation to the Listening Spaces and/or Listening Sessions, is conditional upon the payment of relevant fees. If You do not remit payment in connection with a Member Plan within seven (7) days of being notified that your application has been accepted, the Organizer will rescind your acceptance and you will have to re-apply.
- Your status as a user will be automatically renewed. You can opt out of auto-renewal at any time. If You have opted into the Organizer’s Services as a Member, then Your membership will be auto-renewed for the periods stated in accordance with Your selected membership plan (a “Member Plan”). You can also cancel auto-renewal by providing the Organizer with written notice at any time.
- You acknowledge that currently the Organizer does not routinely undertake background checks, verify information provided or conduct criminal screenings of its users or Members. We reserve the right to conduct investigations and background checks on all members, to confirm You are not in breach of any warranty and to determine whether any representation is false. You consent to allowing the Organizer to conduct such investigation and the Organizer reserves the right to refuse and/or terminate Your status as a Member and access to the Services if You breach any warranty or Your representation proves to be false.
- You represent, warrant and undertake that any information provided to the Organizer is current, valid, and accurate in all respects, not in breach of this Agreement, and not harmful to any person in any way.
- MEMBER PLANS AND FEES
- Member Plans and their corresponding fees are located at this link: https://womenslisteningspace.com/membership-information/. These fees are subject to change, which changes will be posted on the page of the Website previously described.
- While certain Services are available free of charge, You acknowledge that the Listening Spaces and other Services are available only to Members with a valid Member Plan. Member Plans can be acquired at the prices, for the periods and by the payment methods specified on the upgrade membership or relevant purchase page. Prices are stated in the United States Dollar and Your invoice will include all applicable taxes unless otherwise stated. You agree to pay the fees and charges in connection with Your Member Plan in accordance with the schedule set out by that plan.
- We provide a recurring billing facility for Your payment of subscription fees applicable to a Member Plan, You agree to provide a credit card in connection your account and hereby authorize the Organizer to charge fees to this credit card on a recurring basis. You agree to provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly.
- We may at any time change our price for a subscription to a Member Plan. You agree that any new rates may take effect immediately, even if you are already subscribed to an existing Member Plan.
- In the event of suspicious payment activity, we reserve the right to temporarily or permanently suspend payment via Your credit card and/or contact You, Your bank or any other relevant third party to report such unusual activity and/or obtain additional information.
- SCHEDULING AND CANCELLATION
- You will be responsible for scheduling Your own participation in the Organizer’s Listening Space. You acknowledge and agree that the Listening Spaces will be hosted virtually via Zoom. The Organizer will provide You with the Zoom link when the Organizer confirms your booking.
- PROHIBITED USES AND TERMINATION
- You are solely responsible for Your interaction with other members of the Service and You represent, warrant and covenant that You will not:
- disclose any information provided to You through the Services to anyone without the prior permission of the person who provided it to You;
- use the Service to engage in any form of harassment or offensive behavior, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, defamatory or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and privacy rights) (“Offensive Conduct”);
- use the Service to engage in any illegal activities, including impersonation, harassment, or fraud;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means or use the services to transmit “spam”, chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;
- use the Service or the Website for any unauthorized commercial purposes;
- solicit or attempt to solicit any money, bank account or credit card details or confidential financial information from any member or other user of the Service or the Website;
- send money or provide financial information to any person that You have communicated with or met via the Website. The Organizer will not be liable for any loss (financial or otherwise) suffered by You as a result of this behavior. You agree to report anyone who attempts to solicit money or obtain financial information by contacting customer support;
- solicit or attempt to solicit passwords from other members;
- use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
- post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware;
- post or transmit in any manner any contact information including, without limitation, email addresses, phone numbers, postal addresses, instant messenger IDs, Facebook usernames, URLs, or full names through Your publicly posted information;
- use non-human or automated bots to login to the Service; and
- link or frame to the Website without the Organizer’s consent and, in any case, You may not link or frame to the Website in a manner which implies any sponsorship of your website or services by the Organizer.
- The Organizer has the right to suspend or terminate Your user or Member status and access to all or part of the service immediately without notice should:
- You be in breach of any of Your obligations under this agreement;
- the Organizer be required to do so to comply with a legal or court order;
- the Organizer reasonably believes that there has been conduct that creates (or could create) liability or harm to the Organizer or any other user, Member, or other third party.
- Notwithstanding anything else in these Terms, the Organizer may in our sole discretion, without notice and without explanation, terminate a Member’s participation in and access to the Services. If the Organizer exercises this discretion, We will refund pro rata the fees already paid for the period unused due to the termination.
- You are solely responsible for Your interaction with other members of the Service and You represent, warrant and covenant that You will not:
- YOUR REPRESENTATIONS AND WARRANTIES
- Your use of the Services is for Your personal use only and You agree that You are not using the Services for or on behalf of any other person or organization.
- In order to enhance the Listening Space and Listening Sessions, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
- You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of Your password and any other security information related to Your account. We advise You to review the strength of your password, if necessary, and to take extra care in safeguarding your password. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security and to ensure that you exit from your account at the end of each session.
- CONFIDENTIAL INFORMATION
- You agree and acknowledge that any information shared in a Listening Space or in connection with the Services constitutes information which is not generally known by persons who do not partake in the Services and constitutes confidential information except for information which:
- was in a party’s possession prior to its being furnished by a user, Member, or the Organizer;
- is generally known to the public;
- is obtained from a third party, without breach of any obligation to a user, Member, or the Organizer;
- is independently developed without use of or reference to confidential information provided by a user, Member, or the Organizer;
- any party or Member is required by statute, lawfully issued subpoena, or by court order to disclose; or
- involves illegal activity (the “Confidential Information”).
- The parties will only use Confidential Information for the purposes of participation in the Services under this Agreement and for no other purpose. The parties will not disclose, divulge, use or publish any Confidential Information, except in accordance with this Agreement or as otherwise authorized by the party to whom these confidentiality obligations are owed.
- You agree and acknowledge that any information shared in a Listening Space or in connection with the Services constitutes information which is not generally known by persons who do not partake in the Services and constitutes confidential information except for information which:
- LIMITED LIABILITY
- Except as expressly provided in this Agreement, the Organizer makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Services negotiated, agreed upon and rendered. In no event will the Organizer be liable to a user or Member for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation: physical injury, mental distress, loss of reputation, lost earnings, lost savings, loss of information, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, suffered or sustained by a user or Member in connection with the Services or this Agreement, except where caused by a breach of this Agreement, or the gross negligence of the Organizer.
- The Services may contain or provide links or references to third-party websites, online services, or other resources that are not owned or controlled by the Organizer. The Organizer assumes no responsibility for the content or use of these third-party platforms.
- INDEMNITY
- You will indemnify, defend, and hold harmless the Organizer, their employees, contractors, partners, associates, affiliates, agents, executors, administrators, successors and representatives, from and against any and all claims, debts, demands, suits, actions, proceedings, third party investigations, third party proceedings, losses, expenses (including legal fees and costs), damages, complaints and/or prosecutions arising out of or resulting from Your use of the Services, acts, omissions, intentional misconduct, or breach of the terms of this Agreement during the performance of Your obligations under this agreement including specifically but not limited to: from government bodies and including any causes of action based upon common, constitutional, or statutory law, or based in whole or in part upon allegations of Your negligent or intentional acts.
- SURVIVAL
- Any rights or obligations contained herein that by their nature should survive termination of this Agreement will survive, including but not limited to representations, warranties, limitations of liability, or confidentiality obligations.
- CHANGES TO THE TERMS OF USE
- These Terms may be changed, removed, added to, or otherwise modified by us from time to time at our sole discretion. Any such modifications we may make to our Terms in the future will be posted on our Website. Such modifications will become effective upon posting on the Website. We will notify You of changes to the Terms through notices on the Website, by email, or by both. To withdraw Your consent, You must cease using the Website. The date these Terms were last revised is identified on the top or bottom of this page. Please bookmark this page and check back frequently to see any updates or changes to our Terms.
- Your continued use of the Website or the Services, subsequent to any modifications to these Terms, signifies that You accept the modified Terms.
- GENERAL
- We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labour strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure vehicles, supplies or materials.
- This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia. Any legal action or proceeding with respect to this Agreement shall be brought exclusively in the courts of British Columbia. By entering into this Agreement, You irrevocably consent to the jurisdiction of these British Columbia courts.
- In the event that any portion of these Terms are held to be unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions will remain in full force and effect.
- This agreement may not be assigned by any party.
- No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.
- All payments under this agreement must be submitted in the United States Dollar.
- These Terms of Service and the Privacy Policy constitutes the entire agreement between You and the Organizer in respect of Your use of the Website and the Organizer’s Services and supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between You and us with respect to the Website or the Services.
- This agreement may not be amended or modified except in writing or by making such amendments or modifications available on this Website.
- CONTACT US
- If You have any questions or concerns regarding these Terms, please e-mail us at melina@womenslisteningspace.com.
- Effective Date
- Effective as of October 16, 2023.