Terms & Conditions

Yeswecode is a program of Hakili Community for Sustainable Development (Charity Registration Number 769649112RR0001). Our mission is to make computer science accessible. As a part of that mission, Hakili Community for Sustainable Development (“we, us“) operates the websites located at yeswecode.ca and hakiliworld.org and other related websites, information, text, curricula, videos, graphics, photos, APIs, email notifications and other materials and related products and services (the “Services”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PLATFORM AND/OR SERVICES AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

These terms and conditions of use (“Terms of Use“) are a legal contract between you and Hakili Community for Sustainable Development (“Company“, “we“, “our“, or “us“) regarding your use of the Services and you, the person accessing and using this platform (“you“). You may use the Services (the “Platform“) only if you can form a binding contract with Hakili Community for Sustainable Development and are not a person barred from receiving the Services under the laws of the Canada or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, school, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Note: If you are a teacher creating an account on behalf of your students, you agree to be bound by this Terms of Service on behalf of the educational organization you work for and are authorized to do so.

These Terms are subject to change. You are agreeing to be bound by such changes if you continue to use to the Services after these Terms change, so please check these Terms for changes periodically.

Additional Terms

Some Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms will control

Children (users under the age of 18)

We take steps to minimize the collection of personal data from users under the age of 13 as explained in this policy.

Consent Children under the age of 18 and others lacking in capacity require the consent of a parent or guardian. In this case, the parent or legal guardian named as the Guardian during registration (the “Guardian“) must provide consent for any minor or individual who lacks capacity. All references in this terms and conditions of use are deemed to be references to “the child and the Guardian, jointly and severally”, and the Guardian agrees that the Guardian remains liable and bound by the Member Agreement as though named as a Member.

It is the responsibility of Guardians to monitor and guide their children’s activity. We recommend that Guardians discuss privacy and safety with their children. Once a minor’s profile is created, a Guardian will be able to access and monitor any information associated with that minor’s Account.

Accounts and Passwords

To access certain Services and/or use certain parts of the platform, you may need to create an account.  As part of the process to create, register and maintain your account, you must provide Company with certain current, complete, and accurate registration information, including your e-mail address and other data or information that has been requested by Company during the account registration or renewal process (“Registration Data“). In these Terms of Use, “Personal Information” means any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, any data about you that you elect to provide through the platform and any other information that identifies who you are. Registration Data and Personal Information will be used by Company solely in accordance with these Terms of Use.

Once you create an account for Services, you are responsible for the security of your account and for keeping your own password safe. We may permit you to register an account for the Services through certain third party social networking services, such as Facebook Connect and Google (“Authentication Service“). By registering for the Services using an Authentication Service, you agree that Compagny may access your account information from the Authentication Service and you agree to any and all terms of use of the Authentication Service regarding your use of the Services via the Authentication Service. You are solely responsible for your interactions with the Authentication Service.

Privacy

Your privacy is important to us. Our Privacy Policy explains how we treat and protect your personal information and is incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information as well as the administrative, technical and physical safeguards we maintain to protect against unauthorized use, disclosure of or access to personal information.

In addition, if you are a student or tutor using the platform in a primary or secondary school then our Data Privacy Addendum may govern the relationship between us and your school with respect to our duties and responsibilities to protect Student Data transmitted to yeswecode.ca

 License

Company hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to: (a) access the platform for the purpose of receiving the Services in accordance with these Terms of Use; and (b) access, view and print any information and documentation made available on the platform, for your personal, non-commercial and informational use only to assist you in the access and use of the Platform and Services. Except for the limited licenses and rights expressly granted to you in the Terms of Use, these Terms of Use do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of Company or any third party. Company may terminate this license at any time for any reason whatsoever.

Suspension and Termination of Access

Company may suspend or terminate your access to the platform immediately without prior notice and without further obligation or liability to you if, in Company’s sole discretion, it determines you have breached these Terms of Use. Company may also suspend your access to the platform or terminate these Terms of Use at any time without written notice to you for any reason whatsoever. If the Terms of Use are terminated for any reason, you are still bound by the Terms of Use as set out herein.

 Content

The platform may include images, text, works, audio files, sounds and other content and data that are owned by third parties (“Third Party Content“). You agree that all of the terms and conditions of these Terms of Use relating to the platform apply to your access to and use of any Third Party Content and you further agree to comply with any terms and conditions that are specific to the Third Party Content, including the terms and conditions specified under these Terms of Use. Company is not responsible, and assumes no liability, for any Third Party Content.

All content and data made available by Company through the platform, including any Third-Party Content, (the “Company Content“) is owned solely and exclusively by Company and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Company Content; (b) market, sell, re-sell or make commercial use of the Platform or any Company Content; (c) systematically collect from the platform and use any Company Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the Platform or the Company Content. 

If you make any information, data or content available to Company on or through the platform, including by contacting us, or providing comments or ideas on or about the Platform or the Services (“User Content“), you are deemed to grant Company a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the platform without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the platform. If you make User Content available, you represent and warrant that you own or control all rights in and to the User Content and have the rights, licenses, consents and releases to grant the Company and its affiliates the license granted above. You represent and warrant that neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or the Company’s use of the User Content, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that the Company may, but is not obligated to, proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited content is accurate and consistent with your representations and warranties in the Terms of Use.  

Any User Content uploaded to the platform is solely the opinion and the responsibility of the person or entity submitting it and does not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to any third party, for the content or accuracy of any User Content by you or any other third party (unless explicitly specified).

The Company reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of the Terms of Use or otherwise harmful to the platform or users, or for any other reason.

Ownership

By submitting or distributing User Content through the Services or directly to Company’s staff, you hereby grant to Company a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and redistribute, adapt, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content (which should not contain any Student’s Personal Information), under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

User Content

In addition, by submitting or distributing User Content through the Services, you hereby grant to each user of the Services a non-exclusive license to access and use your User Content.

Company will only share and use your personal information in accordance with Company’s current Privacy Policy. When you upload or create User Content, this can be viewed by your tutor and (under your control) by other Users and this means that you are allowing others to access and use that information and to associate it with you.

You are solely responsible for User Content you post to the Services and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing your User Content to or through the Services, you represent, and warrant that: (1) you are the creator and owner of your User Content and that you have the authority to use or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

By uploading, creating, submitting or distributing User Content through the Services, you hereby grant other Users a non-exclusive, transferable (only to a successor), royalty-free right and license to use, reproduce, create derivative works, publicly display and perform any of your User Content that is incorporated into that User’s project, provided that Company shall not use or distribute your User Content on a stand alone basis if Company’s license grant has been terminated as set forth below. The foregoing license and restrictions does not limit Company rights under any third party or open source license in which your User Content may be licensed.

Public Content

In addition to the rights, licenses and privileges referred to above, you agree that Company may use and refer to your User Content, first name and screenname that are posted publicly on the Company Website and not in private areas of our Service (“Public Content”) (including screen shots) in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Service, and any products, goods, features, capabilities and/or services associated with the Service. This right will continue until your Public Content is deleted; provided however, that any Public Content previously printed in brochures, articles or other marketing materials that Company had prepared before any request for deletion was received will continue to be used.

License Termination

The license User Content above will terminate when you (i) delete any User Content containing intellectual property rights (like images or videos) or personally identifiable information (such as that in Student Data); or (ii) delete your account, unless your User Content has been shared with others, and they have not deleted it. Additionally, such termination will not affect the license rights granted to other Users to use your User Content if they previously copied your User Content and they have not deleted it. When you delete User Content it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time following deletion (but will not be available to others). Additionally, you understand and agree that User Content may continue to appear on Company, even after you have terminated your account or these Terms of Service, as portions of your User Content may be been copied by other users and/or incorporated into their coding projects.

Restrictions

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Website and to suspend or terminate users, without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the company, its users and the public.

You agree that when using the Platform you will not: (a) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (b) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party; (c) except as expressly permitted by these Terms of Use, provide, disclose, sublicense, distribute, transfer, assign or otherwise permit any third party to access, use, read or otherwise gain access to the Platform; (d) use the Platform to provide the benefit of the use of your account, if any, to or for any other person; (e) to the maximum extent permitted by applicable law, interfere with or circumvent any copyright or other technical protection mechanism or reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the Platform or any software or technology or content forming part thereof; (f) post or transmit data which constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; (g) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law; (h) use the Platform or Services to harvest addresses, send spam or otherwise breach these Terms of Use or the Privacy Policy; (i) use any spider, robot or other automated or electronic agent to monitor or copy web pages or any content from the Platform or for any other purpose in connection with your access to and use of the Platform; (j) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Platform or to shut down, overload or overwhelm the Platform; (k) copy, republish or redistribute any part of the Platform, including by caching, framing or similar means, without the prior written consent of Company; or (l) take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Platform, including content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offence, or conduct that would give rise to civil liability or violate any law.

 Indemnity 

You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from your: (a) breach of these Terms of Use, Privacy Policy and any policies incorporated by reference herein; (b) access to the Platform or use of the Services; (c) provision of User Content, Registration Data or other disclosure to Company of any other information or data and the use of same by Company or other Company Party as contemplated hereunder, including but not limited to any allegation or claim that such User Content or Registration Data infringes the intellectual property of other proprietary rights of any third party; and (d) breach of any laws, regulations or third party rights. 

 Intellectual Property

The Platform and any content provided by the Company therein may be protected by copyright, trademark and or other intellectual property rights laws of Canada or other countries, in their entirety or in part. You are only permitted to use the Platform for purposes consistent with applicable laws and these Terms of Use. You agree that the Platform, including all features and functionality, information, original content, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, and all associated intellectual property rights therein, are owned by and will remain the exclusive property of the Company and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or the Company Content. 

All trademarks, service marks, logos, trade names, and any other source identifiers of the Company (or its suppliers, partner businesses or third party licensors) used on or in connection with the Platform are registered and unregistered trademarks of the Company (or such supplier, partner business or third party licensor) in Canada and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with the Platform or Company Content are used for identification purposes only and may be the property of their respective owners. Any use of any of the marks appearing on the Platform or in connection with the Services without the express written consent of Company or the owner of the mark, as appropriate, is strictly prohibited.

Links 

Company provides links on the Platform to other websites, applications or resources, including those operated by parties other than Company. These links are provided for your convenience and Company is not responsible for the availability of such websites, applications or resources and does not endorse or accept responsibility for the content of such external websites, applications or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites, applications or resources. Your access and viewing of any third-party websites, applications or resources is conducted at your own risk. You are strongly advised to check the terms of use and the privacy policies of these external websites, applications or resources before making use of them. You acknowledge that Company may remove any link to any external websites, applications or to resources at any time for any reason whatsoever. 

 Jurisdiction 

The Platform is administered by Company from a site that is located in Calgary, Canada. You acknowledge and agree that your use of the Platform and all of the communications, transmissions and transactions associated with the Platform shall be deemed to have occurred in the Province of Alberta, Canada. You agree that these Terms of Use shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Alberta, Canada and that federal laws of Canada applicable therein and that the law of the Province of Alberta is the proper law. You irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta in respect of all matters and disputes arising hereunder.  

You expressly agree that, in the event that there is a dispute under these Terms of Use and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury.

 Waiver

No delay or omission by Company to exercise any right or power it has under these Terms of Use or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Company must be in writing and signed by an authorized representative of Company. 

 Entire Agreement

These Terms of Use constitute the entire agreement between you and Company as it relates to the access to, and use of, the Platform and Services and the subject matter of these Terms of Use and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Company and you. 

Interpretation 

In these Terms of Use: (a) words denoting the singular include the plural and vice versa; (b) all usage of the word “including” means “including, without limitation,” throughout these Terms of Use; (c) all dollar amounts are expressed in Canadian currency unless expressly provided otherwise; (d) the division of these Terms of Use into separate sections, subsections and the insertion of headings is for convenience only and shall not affect the construction or interpretation of these Terms of Use; (e) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; and (f) you and Company agree that these Terms of Use shall not be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of these Terms of Use.

 Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms of Use, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms of Use shall be valid and enforceable to the extent permitted by law.  

Electronic Documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Conformance with Law 

 In addition to complying with these Terms of Use, you agree to use the Platform and Services for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws. The Platform and any Services shall not be used where, and to any extent, such use is prohibited by law. Your use of the Platform from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the Platform is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Platform due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary.

Contact / Notices

If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, Company under the Term of Use, please contact Company at the contact information set out below. Company may provide notices or communications to you on the Platform and you agree that such notices shall constitute notice to you whether or not you actually access the notice.  

Hakili Community for Sustainable Development

223 12th Ave SW

Calgary, Alberta, Canada

T2R 0G9

587-997-4786

Attention: Camilia Thieba

The terms outlined in this agreement were last updated October 12, 2020