Terms of Use
Overview
The following terms of use (the “Terms of Use”) apply to your use of the Winsights Global Ltd. website at https://www.winsights.com (the “Website”).
These Terms of Use are also in addition to other applicable notices, guidelines and rules that may be published by us on the Website from time to time (each of which is incorporated into these Terms of Use by reference).
For further information on how we process your personal data and the use of cookies on the Website, please see the Privacy Policy and Cookie Policy.
Please read these Terms of Use carefully. By using the Website, you indicate that you have read, understood, accept and agree to be legally bound by these Terms of Use and by all applicable laws and regulations governing the Website and relating to the protection of the intellectual property owned by or licensed to Winsights Global. If you do not agree to these Terms of Use, please refrain from using the Website.
These Terms of Use will be governed by and construed in accordance with the laws of Ontario and subject to the exclusive jurisdiction of the courts of the Province of Ontario.
These Terms of Use have been drafted in the English language. In the event of any discrepancy between the English and any translated text of the Terms of Use, the English text shall prevail.
Last updated: June 2020
Changes to the Terms of Use
We may revise any part of these Terms of Use or any other notices, guidelines and rules otherwise incorporated by reference to these Terms of Use at any time. As a condition of using the Website, you are required to check these Terms of Use regularly to take notice of any changes we make as they are legally binding on you. By using the Website, you agree that the posting of new or revised Terms of Use on the Website shall constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Website after any such changes or after explicitly accepting the new Terms of Use upon logging into the Website shall constitute your acceptance of such changes.
The use by you of particular Winsights Global services may be subject to specific terms of service related to such services agreed between you and Winsights Global. In using such services, you agree to be bound by such terms of service then in force. To the extent that there is any inconsistency between these Terms of Use such terms of service then in force agreed between you and Winsights Global shall prevail.
The terms “we”, “us” and “our” as mentioned herein refer to Winsights Global (and its successors and licensors) Winsights Global is the owner and operator of the Website. We have been established in the Province of Ontario, Canada. The term “you” or “your” as mentioned herein refers to the user or viewer of our Website. The content of our Website is for your general information and non-commercial use only. Except as otherwise stated in these Terms of Use, you are granted permission to view, store, print, reproduce, distribute any pages or download any material from the Website for personal non commercial use provided that: (i) you do not modify any such page or any such material; and (ii) you include reference to, and a requirement for compliance with, these Terms of Use with any reproduction. Any unauthorised reproduction for commercial purposes of the Website or any part thereof shall not be permitted.
Our liability to you
We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms. Nothing on the Website shall be construed you as offering you or any other party any services whatsoever.
We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them. Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error-free and disclaim all liability in respect thereof. By using this Website, you acknowledge and agree that Winsights Global shall not be liable for any direct, indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Winsights Global has been advised of the possibility of such damages) as a result of: (i) the use or the inability to use the Website; (ii) the cost of procurement of substitute information resulting from any data or information obtained or transactions entered into through or in connection with the use of the Website; (iii) unauthorised access to the Website; (iv) proprietary materials, statements or conduct of any third party on the Website; or (vi) any other matter relating to the Website.
This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party. Please see our Privacy Policy which sets out how we (and third parties) use your personal data.
Nothing in these Terms shall limit our liability for anything that we cannot limit our liability for under applicable law.
Accessing our website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Website without notice (see further below). We will not be liable if, for any reason, our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website.
Certain features of this Website require that you create an account or otherwise interact with the Website. If you choose, or you are provided with, a user identification code, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You are responsible for maintaining the confidentiality of such information, and are fully responsible for all activities that occur under such account. Winsights Global shall have the right to disable any user identification code or password, whether chosen by you or allocated by us, at (i) any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use; or (ii) at our sole discretion.
You shall immediately notify Winsights Global if you become aware or suspect any unauthorised use of your account, a breach of these Terms of Use and/or any other breach of security and provide Winsights Global with the following information:
- the identity of the infringing party;
- the nature of the infringing activity;
- the location of the infringing activity;
- the date that such infringing activity was discovered; and
- any other information as may be requested by Winsights Global.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and that they comply with them.
Acceptable use
You may use our Website only for non-commercial and lawful purposes. In using the Website you agree that you may not use our Website:
- in any way that would cause you or us to be in breach of any applicable local, national or international law or regulation (including laws of Ontario); in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- in any way that infringes the rights of, restricting, inhibiting or otherwise negatively impacts anyone else’s use and enjoyment of the Website;
- in any way that could negatively impact the operation or functioning of the Website;
- to disseminate any unlawful or otherwise objectionable material in the opinion of Winsights Global;
- to send, use or re-use any material which does not comply with our Terms of Use;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- collect, harvest or otherwise use or obtain personal information of other individuals without their consent;
- breach the security of the Website, or attempt to do so;
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and
- attempt to do any of the foregoing or encourage or induce anyone else to engage in any prohibited uses of the Website.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Use; and
- not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
Materials
Unless otherwise noted, the content on this Website includes, but is not limited to all information, text, articles, data, images, screens, badges, web pages, trademarks, trade names, service marks, logos, internet domain names, design rights, moral rights, database rights, know-how, market information or other materials whether registered or unregistered (collectively, the “Materials”) that is owned, licensed to, or has been provided by (i) Winsights Global (“Winsights Global Materials”); or (ii) a third party (“Third Party Materials”) and is subject to copyright, trademark, service mark, trade dress, patent, database and other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Materials under Ontario law or other laws, and international conventions.
The Materials may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, or used to create derivative works, except as provided in these Terms of Use. Winsights Global grants to you a limited, revocable, non-exclusive and perpetual licence to access and use the Website privately for non-commercial purposes in accordance with these Terms of Use. Should you be interested in reproducing, duplicating or copying any of the content of the Website for any other purpose, please contact us using the Contact Us link or by writing to the Marketing Department, Winsights Global at info@winsightsglobal.com.
Trademark & copyright
You acknowledge that the official Winsights Global name in any language, and any other mark, design, slogan, emblem, title, name, logo, mascot, poster, designation, symbols, identifying music or sounds, other artistic or orthographic representations or other identification or symbol developed by Winsights Global or selected by Winsights Global for use in connection with Winsights Global, the Website or any event organised by Winsights Global including all goodwill attached thereto are owned by Winsights Global absolutely and should not be used in any way in contravention of these Terms of Use and without the written approval of Winsights Global.
Certain content, including but not limited to images, graphics, games, community/social tools, interactive features text, translation, interpretation, video, audio and football data content/editorial elements on the Website, is provided by third parties working with Winsights Global. Any copying, re-publication or re-distribution of such content, including but not limited to framing or similar means, is expressly prohibited without the prior written consent of the relevant right holders. These right holders shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Please consult the respective websites of the concerned right holder for additional information. Nothing in the Website shall grant any licence, right to use, or any other rights over any names, logos, images, trademarks or other proprietary materials. No act of downloading or otherwise copying or reproducing from the Website will transfer any rights or title to you to any software or material on the Website.
Third party materials
The Website may contain Third Party Materials. In allowing Third Party Materials to be on accessible on the Website, Winsights Global is not making any representation or warranty to you as to any measure of quality, reliability, ability, reputation, suitability or any other representation or warranty whatsoever. To the extent that you may have arrangements, dealings or participations with third parties found on or through the Website any warranties or representations made by such third party to you are solely between you and such third party. You agree that Winsights Global shall not be responsible or liable for any loss or damage of any kind incurred or alleged to have incurred as the result of any such arrangements, dealings or participations with such third parties or as the result of the presence of such third parties on the Website.
The Website may contain links or feeds to third party websites or resources (“Links”). You acknowledge that Winsights Global has no control over third party websites or resources and that you are taken to the third party website or resource at your own risk. You agree that Winsights Global shall not be responsible or liable for any loss or damage of any kind incurred or alleged to have incurred in connection with the Links or the use of, or reliance upon, any content, goods, services or any other material available on or through any third party website or resource.
Linking rules
From time to time, this Website may include Links. These Links are provided for your convenience to provide further information. We are not responsible for the contents or the reliability of any website or web page to which the Website (or a linked website) is linked and do not necessarily endorse the views expressed within them. Subject to the following conditions, you are permitted to create a link or deep-link to this Website from another website or document:
Subject to the following conditions, you are permitted to create a link or deep-link to this Website from another website or document:
- you agree not to include the Website into the frame of another website;
- you agree not to create any third party association with the Website;
- you agree to ensure that any Link created by you does not state or imply that Winsights Global sponsors or endorses any other website activity, company or entity, or presents Winsights Global or any other third party in a false, misleading, defamatory or derogatory manner;
- you agree to ensure that the link or the third party website that contains the link does not state or imply an association with Winsights Global;
- you agree that Winsights Global shall accept no responsibility or liability for any material supplied by or contained on a website which is linked from or to this Website, or any use of personal data by such you. You agree to incorporate this term into your website’s terms of use; and
- the use of our logo or any other registered trademark(s) as a link to this Website is not permitted.
You agree that our Website does not permit you to use any Winsights Global Materials or any other Third Party Materials unless separately agreed to in writing by Winsights Global or the relevant rights-holder (as applicable).
Content standards
Content standards apply to any and all material which you contribute to our site (“Contributions”), and to any interactive services associated with it. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
You must comply with the spirit as well as the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
- be genuinely held (where they state opinions); and
- comply with applicable law and in any country from which they are posted.
Contributions must not:
- contain any material which is defamatory of any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- promote sexually explicit material, violence or any illegal act;
- promote any sort of discrimination including, but not limited to, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trademark of any other person;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience, needless anxiety, harassment or alarm;
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person; and/or
- give the impression that they emanate from us, if this is not the case.
Removal of materials
We are entitled, at our option, to remove, suspend or disable access to any Materials, whether Winsights Global Materials or Third Party Material as the case may be, at any time without liability and with or without prior notice. If you are a rights-owner (or an agent acting for a rights-owner) and believe that any Material infringes the rights of you or your principal and you wish for us to remove such Material from the Website, or to suspend, or disable access to it, please contact us using the Contact Us link, or by writing to the Marketing Department, Winsights Global, at info@winsightsglobal.com in additional to providing us with the following information:
- the original signature of the rights-owner or a person duly authorised to act on behalf of the rights-owner;
- details of the proprietary material that is claimed to have been infringed (including, to the extent reasonably practicable, a URL and/or screen shot);
- your contact information, such as a postal address, telephone number and, if available, an email address; and a statement by you that: (i) you believe in good faith that use of such Materials in the manner complained of is not authorised by the rights-owner or by applicable law (citing the specific provisions of such applicable law); (ii) the information in the notification is true and accurate; and (iii) you are the rights-owner or the duly authorised person to act on the rights-owner’s behalf.
Your information
When you use the Website or contact us by post, telephone, fax, email or SMS, we may collect, store and use certain personal information that you disclose to us.
Please see our Privacy Policy for further information on how we process your personal data.
Disclaimer
Winsights Global has taken all reasonable care to ensure that the materials contained within the Website is accurate at the time of publication. However, the Winsights Global makes no representation or guarantee (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness and to the fullest extent permitted by applicable law, we disclaim and exclude all representations, warranties, conditions and other terms of any kind, express or implied, in connection with the Website and your use of the Website (including, without limitation, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).
You access use our website at your sole risk. The Website and its content is provided on an “as is” and “as available” basis. Any material downloaded or otherwise obtained through the website, or any links, is done at your own risk. You will be solely responsible for any damage to your computer system (including any damage by virus) or loss of data that results from the download of any such material. Nothing in these terms of use exclude or limits our liability for any liability which cannot be excluded or limited under applicable law.
Indemnity
You agree that you shall indemnify and hold harmless Winsights Global, its subsidiaries, affiliates, directors, officers, employees, members, agents, partners and licensees from any and all claims, liabilities, cost or expenses, arising from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation, reasonable legal fees, that may arise in connection with (i) your use of this Website; (ii) your breach of these Terms of Use; (iii) Winsights Global publication, distribution or use of such materials provided by you; (iv) any claim by a third party that any content provided by you to the Website or any other use of the Website by you infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.
Any failure by Winsights Global to exercise or enforce any rights under these Terms of Use shall not constitute a waiver of such right or provision and Winsights Global shall continue to have such rights to the extent permitted by applicable law. To the extent any provisions under these Terms of Use is found to be invalid, you and Winsights Global agree that the intentions of Winsights Global, as reflected in such provision, shall be given effect to the fullest extent possible under applicable law and that other provisions of the Terms remain in full force and effect.
Breaching the terms
We will determine, at our sole discretion, whether there has been a breach of the acceptable use rules of our Terms of Use through your use of the Website. In the event that we determine there has been such breach, we may take such action as we deem appropriate, including but not limited to, the following:
- immediate, temporary or permanent withdrawal of your right to use the Website;
- issue of a warning to you;
- take legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from such breach;
- take any further legal action against you that we deem necessary; and/or
- disclosure of such information to our partners, affiliates and/or law enforcement authorities as we reasonably determine is necessary.
We exclude liability for any action taken in response to breaches of these Terms of Use.
Contact us
If you have any questions about these Terms of Use, please Contact Us at info@winsightsglobal.com.