Terms of Service
Last updated: May 26, 2023
Welcome to Monday Girl, a private network for professional women that provides the tools, connections, and insider secrets to help you succeed and level up your career. These terms of service (the "Terms") govern your access and use of the services and benefits offered by Monday Girl Ltd. ("Monday Girl", "we", "us" or "our"), including our website, mobile application, online platform, speaker presentations, digital community, meetups, summit, newsletter and any other products or features that we may provide (collectively, the "Services"). By registering, accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use the Services.
Registration and Account Creation
To access and use the Services, you must first complete a membership application and submit it to us for review and approval. We reserve the right to accept or reject any membership application at our sole discretion and without any obligation to provide any reasons. If your membership application is approved, we will invite you to create an account with a username and password (the “Account”). You are responsible for maintaining the confidentiality and security of your Account and password, and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized access or use of your Account or password, or any other breach of security. You also agree to provide us with accurate, complete and current information when you register and update your information as necessary. You may not use another person's Account without their permission, or share your Account with anyone else.
Access and Use of the Services
Subject to these Terms and your payment of the membership fees (the “Membership Fees”), we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your personal and non-commercial purposes only. You may not copy, modify, distribute, sell, lease, rent, sublicense, or create derivative works from the Services, or reverse engineer, decompile, or disassemble the Services, or attempt to do so, except as permitted by law or with our prior written consent. You may not use the Services in any manner that is illegal, harmful, abusive, harassing, threatening, defamatory, obscene, infringing, or otherwise objectionable, or that violates the rights or interests of Monday Girl or any third party, as determined by us in our sole discretion. You may not interfere with or disrupt the operation, security, or functionality of the Services, or attempt to gain unauthorized access to the Services or any data or content stored or transmitted through the Services. You may not use any robot, spider, scraper, or other automated means to access or use the Services without our prior written consent. You may not use the Services for any purpose that is competitive with or adverse to Monday Girl or the Services. You agree to comply with all applicable laws, rules, and regulations when accessing and using the Services. We reserve all rights not expressly granted to you in these Terms.
Aggregated Statistics
We may collect, use, and disclose aggregated, anonymized, or de-identified data and statistics derived from your access and use of the Services, such as the number of users, the frequency and duration of use, the types of activities and interactions, the preferences and feedback, and other metrics and trends. We may use this data and statistics for our own purposes, such as to improve, enhance, and market the Services, to conduct research and analysis, and to generate reports and insights. We may also share this data and statistics with our partners, sponsors, advertisers, and other third parties, without identifying you or any other individual user.
Suspension
We may suspend, limit, or terminate your access and use of the Services, or any part thereof, at any time, with or without notice, for any reason or no reason, at our sole discretion. Without limiting the generality of the foregoing, we may suspend, limit, or terminate your access and use of the Services if: (a) you breach or violate any of these Terms or any other agreement or policy that applies to you; (b) you engage in any conduct or activity that we deem inappropriate, harmful, or detrimental to Monday Girl, the Services, or any other user or third party; (c) you fail to pay the Fees that are due and payable to us; (d) we are required to do so by law or by any court, regulator, or authority; or (e) we decide to discontinue, modify, or replace the Services, or any part thereof, in whole or in part. We are not liable to you or any third party for any suspension, limitation, or termination of your access and use of the Services, or any loss or damage that may result therefrom.
Your Responsibilities
You are solely responsible for your access and use of the Services, and for any consequences or liabilities that may arise from your access and use of the Services. You are also solely responsible for obtaining and maintaining any devices, equipment, software, hardware, internet, or network connections that are necessary or desirable for accessing and using the Services, and for ensuring that they are compatible and function properly with the Services. You are solely responsible for any fees, charges, or expenses that you may incur from your internet or network service provider, or any other third party, in connection with your access and use of the Services. We are not responsible for any issues, delays, failures, or interruptions that may occur in your access and use of the Services due to your devices, equipment, software, hardware, internet, or network connections, or any other factors beyond our control.
Your User Content
The Services may allow you to create, upload, post, share, or otherwise provide or transmit any text, images, documents, videos, audio, links, or other materials or information (collectively, "User Content") to or through the Services. You retain all ownership and intellectual property rights in your User Content, subject to the licence that you grant to us below. You are solely responsible for your User Content, and for any consequences or liabilities that may arise from your User Content. You represent and warrant that: (a) you have the right and authority to create, upload, post, share, or otherwise provide or transmit your User Content to or through the Services, and to grant us the licence below; (b) your User Content does not infringe, violate, or misappropriate any intellectual property, privacy, publicity, or other rights of Monday Girl or any third party; (c) your User Content does not contain any unlawful, harmful, abusive, harassing, threatening, defamatory, obscene, or otherwise objectionable material, or any material that violates the rights or interests of Monday Girl or any third party, as determined by us in our sole discretion; and (d) your User Content complies with all applicable laws, rules, and regulations, and with our Membership Code of Conduct, which is incorporated by reference.
By creating, uploading, posting, sharing, or otherwise providing or transmitting your User Content to or through the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, perform, modify, adapt, and create derivative works from your User Content, in whole or in part, for any purpose, including to provide, improve, enhance, and market the Services, and to exercise any other rights that you have in your User Content. You also grant us the right to use your name, likeness, voice, and any other personal information that you provide or that is associated with your User Content, in connection with the Services and our use of your User Content. You waive any moral rights that you may have in your User Content, to the extent permitted by law. You understand and agree that we may store, process, and disclose your User Content as necessary or desirable to provide, improve, enhance, and market the Services, and to comply with any legal or regulatory obligations or requests. You also understand and agree that we may remove, delete, or disable your User Content at any time, with or without notice, for any reason or no reason, at our sole discretion. We are not liable to you or any third party for any removal, deletion, or disabling of your User Content, or any loss or damage that may result therefrom.
Age and Eligibility
The Services are intended for users who are at least 18 years of age and who are legally capable of entering into binding contracts. By accessing and using the Services, you represent and warrant that you are at least 18 years of age and that you have the legal capacity to agree to these Terms. If you are accessing and using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms. The Services are not intended for users who are under 18 years of age, and we do not knowingly collect or solicit any personal information from such users. If you are under 18 years of age, you may not access or use the Services.
Third-Party Tools
The Services may include or integrate with certain tools, features, or functionalities that are provided by third parties, such as payment processors, social media platforms, or other service providers (collectively, "Third-Party Tools"). Your access and use of the Third-Party Tools may be subject to additional terms and conditions and privacy policies that are imposed by the respective third parties, and that are not under our control or responsibility. We are not liable for any issues, damages, or losses that may arise from your access and use of the Third-Party Tools, or from any actions or omissions of the respective third parties. We do not endorse, sponsor, or guarantee the quality, accuracy, reliability, or suitability of the Third-Party Tools, or any products or services that may be offered or provided by the respective third parties. We encourage you to review the terms and conditions and privacy policies of the Third-Party Tools before accessing and using them.
Feedback
We welcome and appreciate your feedback, comments, suggestions, and ideas regarding the Services, or any other aspect of our business (collectively, "Feedback"). You may provide us with Feedback by email, through the Services, or by any other means. You acknowledge and agree that any Feedback that you provide to us is voluntary, non-confidential, and non-proprietary, and that we may use, disclose, or exploit any Feedback for any purpose, without any obligation or compensation to you. You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, perform, modify, adapt, and create derivative works from any Feedback, in whole or in part, for any purpose. You waive any moral rights that you may have in any Feedback, to the extent permitted by law.
Acceptable Use
You agree to access and use the Services in a respectful, courteous, and professional manner, and in accordance with these Terms and our Membership Code of Conduct, which is incorporated by reference. You agree to respect the rights, interests, and dignity of Monday Girl and all other users and third parties who are involved or connected with the Services. You agree to refrain from any conduct or activity that is illegal, harmful, abusive, harassing, threatening, defamatory, obscene, or otherwise objectionable, or that violates the rights or interests of Monday Girl or any other user or third party, as determined by us in our sole discretion. You agree to cooperate with us and comply with any requests or instructions that we may give you in relation to your access and use of the Services. You agree to report any violations of these Terms or our Membership Code of Conduct to us as soon as possible.
Intellectual Property Ownership
You acknowledge and agree that Monday Girl and its licensors own all right, title, and interest in and to the Services and all content, materials, information, data, software, code, designs, logos, trademarks, trade names, and other intellectual property that are contained or displayed in or through the Services, or that are otherwise provided or made available by Monday Girl or its licensors (collectively, the "Monday Girl Content"), and that the Monday Girl Content is protected by copyright, trademark, patent, and other intellectual property laws and rights. You acknowledge and agree that you do not acquire any ownership or intellectual property rights in or to the Monday Girl Content, except for the limited licence that is granted to you under these Terms. You agree not to infringe, violate, or misappropriate any intellectual property rights of Monday Girl or its licensors in relation to the Monday Girl Content, and not to use, reproduce, distribute, display, perform, modify, adapt, or create derivative works from the Monday Girl Content, in whole or in part, without our prior written consent, except as permitted by these Terms or by law.
Unlawful Use Prohibited and Monitoring
You agree not to use the Services for any unlawful, fraudulent, or malicious purpose, or in any manner that could damage, disable, overburden, or impair the Services, or interfere with the access and use of the Services by Monday Girl or any other user or third party. You agree not to attempt to gain unauthorized access to the Services or any data or content stored or transmitted through the Services, or to any systems or networks that are connected or related to the Services, by hacking, phishing, password mining, or any other means. You agree not to introduce or transmit any viruses, worms, trojans, or other malicious or harmful code or software to or through the Services, or to otherwise compromise the security or integrity of the Services or any data or content stored or transmitted through the Services. You agree not to use the Services to collect, store, or process any personal information of any other user or third party without their consent, or in violation of any applicable laws, rules, or regulations. You agree not to impersonate or misrepresent your identity or affiliation with Monday Girl or any other user or third party, or to use any false or misleading information or statements in connection with the Services. You agree not to use the Services to send any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation or communication to Monday Girl or any other user or third party, without their consent. You agree not to use the Services to engage in any conduct or activity that is illegal, harmful, abusive, harassing, threatening, defamatory, obscene, or otherwise objectionable, or that violates the rights or interests of Monday Girl or any other user or third party, as determined by us in our sole discretion.
We reserve the right, but not the obligation, to monitor, review, screen, filter, edit, remove, or block any User Content, data, or communication that is created, uploaded, posted, shared, or otherwise provided or transmitted to or through the Services, or any access or use of the Services, by you or any other user or third party, at any time, with or without notice, for any reason or no reason, at our sole discretion. We may also disclose any User Content, data, or communication that is created, uploaded, posted, shared, or otherwise provided or transmitted to or through the Services, or any access or use of the Services, by you or any other user or third party, to any law enforcement, regulatory, or other authority, or to any third party, as we deem necessary or appropriate, to comply with any legal or regulatory obligations or requests, to protect the rights, interests, or safety of Monday Girl or any other user or third party, or to enforce these Terms or any other agreement or policy that applies to you.
Membership Fees
To access and use the Services, you agree to the pay the Membership Fees as displayed on our website or communicate to you by us. Membership Fees do not include applicable sales and other taxes, for which you will be charged by us. Membership Fees are charged in advance for the full year. You will receive an invoice or receipt for each payment. You agree to pay the Fees in accordance with the payment methods, terms, and conditions that are specified on our website or as otherwise communicated to you by us. All payments are processed by Stripe, Monday Girl’s payment processor. You are responsible for providing us with accurate, complete, and current payment information, and for updating your payment information as necessary. You are also responsible for paying any taxes, duties, levies, or other charges that may apply to your access and use of the Services, or to your payment of the Fees, in accordance with the applicable laws, rules, and regulations. We are not liable for any issues, errors, or failures that may occur in relation to your payment transactions, or for any actions or omissions of the third-party payment processor, or any other third party, in connection with your payment transactions. We do not store or have access to your payment card information, which is handled by the third-party payment processor in accordance with their terms and conditions and privacy policy. We encourage you to review the terms and conditions and privacy policy of the third-party payment processor before providing them with your payment card information.
In the event that Monday Girl is unable to debit your credit card, or otherwise is not paid in respect of the Membership Fees, in addition to any other remedies available to us, Monday Girl reserves the right to charge an administrative fee and late charges at a monthly compounded rate of 1.5% (19.56% per annum).
The Membership Fees are non-refundable, except as expressly provided in the Membership Code of Conduct (https://www.mondaygirl.ca/member-code-of-conduct) or required by law. The Membership Fees may be subject to change at any time, at our sole discretion. We will notify you of any changes to the Membership Fees by giving you at least 30 days’ notice and will not take effect into you make your next annual payment.
Third-Party Websites
The Services may contain or provide links to other websites, platforms, or resources that are operated or controlled by third parties, and that are not affiliated or associated with Monday Girl (collectively, "Third-Party Websites"). These links are provided for your convenience and reference only, and do not imply any endorsement, sponsorship, or approval by Monday Girl of the Third-Party Websites, or any products or services that may be offered or provided by the respective third parties. We are not responsible or liable for any content, materials, information, data, software, code, designs, logos, trademarks, trade names, or other intellectual property that are contained or displayed in or through the Third-Party Websites, or that are otherwise provided or made available by the respective third parties. We are not responsible or liable for any issues, damages, or losses that may arise from your access and use of the Third-Party Websites, or from any actions or omissions of the respective third parties. Your access and use of the Third-Party Websites may be subject to additional terms and conditions and privacy policies that are imposed by the respective third parties, and that are not under our control or responsibility. We encourage you to review the terms and conditions and privacy policies of the Third-Party Websites before accessing and using them.
General Disclaimer
The Services and the Monday Girl Content are provided on an "as is" and "as available" basis, without any representations, warranties, or guarantees of any kind, express or implied, statutory or otherwise, to the fullest extent permitted by law. Without limiting the generality of the foregoing, we disclaim any and all representations, warranties, and guarantees of quality, accuracy, reliability, completeness, timeliness, availability, suitability, performance, functionality, security, or compatibility of the Services and the Monday Girl Content, or any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content. We do not represent, warrant, or guarantee that the Services and the Monday Girl Content will meet your requirements or expectations, or that they will be error-free, uninterrupted, or free of viruses, worms, trojans, or other malicious or harmful code or software, or that any defects or errors will be corrected. We do not represent, warrant, or guarantee that the Services and the Monday Girl Content, or any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content, will result in any outcomes, benefits, or achievements for you or any other user or third party, or that they will be suitable or appropriate for your or any other user's or third party's needs, goals, or circumstances. You acknowledge and agree that your access and use of the Services and the Monday Girl Content, and any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content, are at your own risk and discretion, and that you are solely responsible for any consequences or liabilities that may arise from your access and use of the Services and the Monday Girl Content, and any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content.
Termination
These Terms will remain in effect until terminated by either you or us.
You may terminate your membership at any time by notifying us at the contact section below. Any Membership Fees previously paid will not be refunded.
We may terminate your membership at any time, with or without notice, for any reason or no reason, at our sole discretion. In such cases we will provide you with a pro-rata refund of the Membership Fees based on the remaining term of your membership.
We may also terminate your membership for cause, such as breach of these Terms, violation of our policies, fraud, misuse of our services, or any other conduct that we deem harmful or detrimental to us, our partners, or our community. In such cases you will not be entitled to a refund of the Membership Fees and we may pursue any legal remedies available to us.
Upon termination, your access and use of the Services, and the licence that is granted to you under these Terms, will cease immediately, and you will not be entitled to access or use the Services, or any part thereof, any further. The following provisions of these Terms will survive any termination: Your User Content, Feedback, Intellectual Property Ownership, Unlawful Use Prohibited and Monitoring, Fees and Charges, Third-Party Websites, General Disclaimer, Termination, No Liability by Monday Girl for Termination, Limitation of Liability for Monday Girl, Indemnity by You, Jurisdiction, and General Provisions. We will process any refunds that you may be entitled to in accordance with the payment methods, terms, and conditions that are specified on our website or as otherwise communicated to you by us.
You may cancel your access and use of the Services, or any part thereof, at any time, by following the instructions on our website, mobile application, or other platform, or by contacting us by email or other means. We may also cancel your access and use of the Services, or any part thereof, at any time, with or without notice, for any reason or no reason, at our sole discretion. Upon cancellation, your access and use of the Services, or the relevant part thereof, will cease immediately, and you will not be entitled to access or use the Services, or the relevant part thereof, any further. You may be entitled to a refund of any Fees that you have paid to us, or a portion thereof, depending on the circumstances and the type, level, or duration of the Services that you have accessed and used, and in accordance with our cancellation and refund policy, which is incorporated by reference.
No Liability by Monday Girl for Termination
We are not liable to you or any third party for any cancellation of your access and use of the Services, or your membership, or for any loss or damage that may result therefrom.
Limitation of Liability for Monday Girl
To the fullest extent permitted by law, in no event will Monday Girl or its directors, officers, employees, agents, contractors, licensors, or partners (collectively, the "Monday Girl Parties") be liable to you or any third party for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages or losses, or any other damages or losses of any kind, arising out of or in connection with these Terms, the Services, the Monday Girl Content, or any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content, or your access and use of any of the foregoing, or your inability to access and use any of the foregoing, regardless of the cause of action or the theory of liability, whether in contract, tort, negligence, strict liability, or otherwise, and even if we have been advised of the possibility of such damages or losses. Without limiting the generality of the foregoing, our total aggregate liability to you or any third party for any damages or losses arising out of or in connection with these Terms, the Services, the Monday Girl Content, or any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content, or your access and use of any of the foregoing, or your inability to access and use any of the foregoing, will not exceed the amount of the Fees that you have paid to us in the three (3) months preceding the event giving rise to the claim, or $100, whichever is less. You acknowledge and agree that this limitation of liability is a fair and reasonable allocation of risk between you and us, and that it reflects the nature and value of the Services and the Monday Girl Content, and the products and services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content. You acknowledge and agree that if you are dissatisfied with any aspect of these Terms, the Services, the Monday Girl Content, or any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content, your sole and exclusive remedy is to stop accessing and using the Services, and the products and services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content.
Indemnity by You
You agree to indemnify, defend, and hold harmless the Monday Girl Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses, including legal fees and disbursements, that may be brought against or incurred by any of the Monday Girl Parties, or that any of the Monday Girl Parties may suffer or incur, as a result of or in connection with: (a) your breach or violation of any of these Terms or any other agreement or policy that applies to you; (b) your access and use of the Services, the Monday Girl Content, or any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content, or your inability to access and use any of the foregoing; (c) your User Content, or any use, reproduction, distribution, display, performance, modification, adaptation, or creation of derivative works from your User Content, by us or any other user or third party; (d) your Feedback, or any use, reproduction, distribution, display, performance, modification, adaptation, or creation of derivative works from your Feedback, by us or any other user or third party; (e) your conduct or activity in relation to the Services, the Monday Girl Content, or any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content, or in relation to any other user or third party who is involved or connected with the Services, the Monday Girl Content, or any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content; or (f) your infringement, violation, or misappropriation of any intellectual property, privacy, publicity, or other rights of Monday Girl or any other user or third party, in relation to the Services, the Monday Girl Content, or any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content. You agree to cooperate with us and provide us with any information or assistance that we may reasonably request in relation to any claim, demand, action, suit, proceeding, liability, damage, loss, cost, or expense that is subject to this indemnity.
Jurisdiction
These Terms and your access and use of the Services, the Monday Girl Content, and any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content, are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, and to waive any objections or defenses based on lack of personal jurisdiction, improper venue, or forum non conveniens, in relation to any disputes, claims, or controversies that may arise out of or in connection with these Terms, the Services, the Monday Girl Content, or any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content.
General Provisions
We reserve the right to update, modify, or replace these Terms at any time, at our sole discretion, without any prior notice to you. Any updates, modifications, or replacements of these Terms will be effective immediately upon posting them on our website or by sending you an email or other communication. You agree to review these Terms periodically to ensure that you are aware of any changes that may affect you. Your continued access and use of the Services after any updates, modifications, or replacements of these Terms will constitute your acceptance of and agreement to the updated, modified, or replaced Terms. If you do not agree to any updates, modifications, or replacements of these Terms, you must stop accessing and using the Services.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by any court, arbitrator, or other authority of competent jurisdiction, such provision will be severed from these Terms and the remaining provisions will continue in full force and effect, unless the severance of such provision would result in the frustration of the purpose of these Terms, or would otherwise render these Terms materially inequitable or unfair to either you or us.
No waiver of any provision of these Terms, or of any right or remedy under these Terms, will be effective unless it is in writing and signed by the party waiving the provision, right, or remedy. No delay or omission by either party in exercising any right or remedy under these Terms, or in requiring the performance of any obligation under these Terms, will operate as a waiver of such right, remedy, or obligation, or of any other right, remedy, or obligation under these Terms. No single or partial exercise of any right or remedy under these Terms will preclude any other or further exercise of such right or remedy, or of any other right or remedy under these Terms.
You may not assign, transfer, or delegate any of your rights or obligations under these Terms, in whole or in part, without our prior written consent. We may assign, transfer, or delegate any of our rights or obligations under these Terms, in whole or in part, without your consent, to any affiliate, successor, or assignee of Monday Girl.
These Terms, together with our Privacy Policy, our Membership Code of Conduct, our cancellation and refund policy, and any other agreement or policy that applies to you, constitute the entire agreement between you and us regarding your access and use of the Services, the Monday Girl Content, and any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content, and supersede any prior or contemporaneous oral or written communications, representations, understandings, or agreements between you and us regarding the same subject matter.
Any notice or communication that is required or permitted to be given or made under these Terms must be in writing and delivered by email, or by any other means that provides a record of the delivery, to the following addresses:
To Monday Girl: concierge@mondaygirl.ca
To you: the email address that you provided to us when you registered or updated your Account.
A notice or communication will be deemed to have been received on the date of delivery, if delivered by email, or on the date of receipt, if delivered by any other means.
If you have any questions, comments, or concerns regarding these Terms, the Services, the Monday Girl Content, or any products or services that may be offered or provided by us or any third party in connection with the Services and the Monday Girl Content, please contact us by email at concierge@mondaygirl.ca, or by any other means that are specified on our website, mobile application, or other platform. We will make reasonable efforts to respond to your inquiries as soon as possible.
