Last Updated: July 28, 2014
Thank you for visiting the Kaleidoscope Consulting website. This document sets forth the terms and conditions that apply to your use of the site.
Kaleidoscope Consulting (“Kaleidoscope”) is an online mentoring platform where you can get resources, mentoring and expert advice for a price that fits your start-up’s wallet.
are owned and operated by Kaleidoscope, an Ontario sole proprietorship. These pages and all linked pages together form the “Site”. These Terms apply to any use of the Site and/or Services (as defined below).
The Site provides an interactive online service operated by Kaleidoscope on the World Wide Web of the Internet (the “Web”), consisting of consulting and advisory services facilitated by Kaleidoscope and affiliates of Kaleidoscope.
“Services” include, but are not limited to, any service we make available to or perform for you. If you have any questions or concerns, please do not hesitate to contact us
“Content” includes, but is not limited to, any text, photographs, or other media displayed on the Site.
Changes to this Agreement
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Site and Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, please stop using the Site and/or Services.
Payment with PayPal and Eventbrite
Payments made on the Site will be processed using PayPal or Eventbrite, both independent entities. Your interactions with both PayPal and Eventbrite are governed by their user agreements. You can view PayPal’s User Agreement here
and Eventbrite’s Terms of Service here
. All service fees charged by either PayPal or Eventbrite will be paid by Kaleidoscope.
Rules Event Registrations and Membership Purchases
For any event registration or membership purchases made on or through the Site and/or Services, you agree that: (i) you will not use an invalid or unauthorized credit or debit card or other payment method; (ii) you are solely responsible for selecting the correct event or membership type; (iii) designated payment amounts will be charged to the credit or debit card or other payment method you use through PayPal or Eventbrite; and (iv) all purchases or registrations are final and non-refundable, unless stated otherwise.
Notwithstanding the foregoing, event registrations or ticket purchases made through the Site are fully cancellable and refundable so long as Kaleidoscope is contacted at least forty-eight (48) hours prior to the start time of the event for which you registered or purchased tickets. Cancellations made within forty-eight (48) hours of the start time of the event for which you registered or purchased tickets will not be refunded.
The following terms apply to both Perspective Plan and Panorama Plan membership types. By purchasing either a Perspective Plan or Panorama Plan membership, you acknowledge and agree that:
- Membership fees are charged in three (3) month increments (“Membership Cycle”), and payment is due in advance of each Membership Cycle;
- The minimum duration of your membership plan is one Membership Cycle; and
- You must give Kaleidoscope at least thirty (30) days’ notice prior to your next Membership Cycle in order to cancel your account. In the event that you cancel your membership within thirty (30) days of your next Membership Cycle, you will be charged for another Membership Cycle and payments will cease to be due at the end of the following Membership Cycle.
Intellectual Property Rights
Unless you are advised otherwise, everything you see or read on the Site and/or Services is subject to copyright, trade-mark or other forms of legal protection owned by or licensed by third parties to Kaleidoscope. Content may not be used except as provided in these Terms or in the text of the Site and/or Services without the written permission of Kaleidoscope.
Images displayed on the Site and/or Services are either the property of, or used with permission by, Kaleidoscope. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of such images or other Content may violate the law.
The trade-marks and logos (collectively the “Trade-marks”) displayed on the Site and/or Services are registered and unregistered Trade-marks. Nothing contained in the Site and/or Services gives you permission to use these Trade-marks, and your use of the Trade-marks is strictly prohibited. Kaleidoscope reserves the right to enforce its intellectual property rights where applicable.
Intellectual Property Complaints
Kaleidoscope may, in its sole discretion, use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable intellectual property law and these Terms, where it believes an infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating user accounts and access to the Site. If you feel that your rights have been infringed, please contact us
Please note that you may be held accountable for damages (including costs and lawyers’ fees) for misrepresenting that any Content is infringing your copyright.
General Use and Site License
Kaleidoscope grants User a limited, non-exclusive, revocable right to use the Site, provided the User adheres with the Terms.
The Site and Services are designed for use by only those individuals who are at least 13 years of age. If you are not 18 years of age or older, please do not use the Site and/or Services without the permission and supervision of your parent or legal guardian. If you are a parent or legal guardian and have authorized a minor to use the Site and Services, you agree that you are responsible for the online conduct of the minor, and the consequences of any misuse of the Site and/or Services by the minor.
You are solely responsible for your interactions with other Users of the Site and Services. We reserve the right, but are under no obligation, to monitor disputes between you and other users
You agree that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and/or Services and all charges related thereto. We shall not be liable for any damages to your or any User’s equipment, or for any data charges resulting from the use of this Site.
Accurate Information; Registration and Passwords; URLs
In consideration of your use of the Site and/or Services, you agree to: (a) provide accurate information as prompted on the Site or through the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Kaleidoscope has reasonable grounds to suspect that such information is inaccurate, Kaleidoscope may suspend or terminate your use of the Services and/or the Site and/or decline to permit your continued use of the Site and/or the Services and future access to the Site and/or the Services.
To access certain parts of the Site or Services, you may be required to open an online account with Kaleidoscope, in which case you will have to create a password and to provide registration information, including a valid e-mail address, name, and name of city.
You may use credentials from Twitter and LinkedIn (“Login Partner”) to access certain features of the Site and Services. By using credentials from a Login Partner, you agree that you will not (i) use the credentials of another person with the intent to impersonate that person; or (ii) use credentials subject to the rights of any person without authorization. You are responsible for maintaining the confidentiality of your credentials from the Login Partner and are responsible for all activities (whether by you or by others) that occur under your credentials. You will notify Kaleidoscope immediately of any unauthorized use of your password or account or any other breach of security. Kaleidoscope assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Kaleidoscope account.
If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to this Agreement.
If you are under 18 years old then you must obtain the permission of your parent or legal guardian prior to registering an account. Your parent or legal guardian will then be responsible for your online conduct, and the consequences of any misuse of the Site.
As a condition to using the Site and/or Services, you promise not to use the Site and/or Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by Kaleidoscope. By way of example, and not as a limitation, you agree not to use the Site and/or Services:
- to collect and use product listings, descriptions or images;
- to abuse, harass, threaten, impersonate or intimidate any person;
- to post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
- for any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction in which you use the Site or Services;
- to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User;
- to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site, except as interpreted and displayed in a Web browser;
- to create or transmit unwanted ‘spam’ to any person or any URL;
- to violate or attempt to violate the security of the Site and/or Services;
- to post copyrighted Content which doesn’t belong to you, with the exception of blog content, in which case you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- to promote or sell Site Content;
- to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Kaleidoscope;
- to interfere with or attempt to interfere with the proper working of the Site and/or Services;
- to sell or otherwise transfer your profile; or
You also agree that you will not violate any local, provincial, national or international law, statute, ordinance, rule, regulation, or ethical code in connection with your use of the Site and/or Services.
Kaleidoscope shall have the right, but no obligation, to monitor the content on the Site and/or Services to determine compliance with these Terms and any other operating rules we establish. Kaleidoscope shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted to the Site or Services. Notwithstanding this right, you shall remain solely responsible for the content of your messages and any User Generated Content (as defined below). Kaleidoscope neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site and/or Services, whether it is provided by Kaleidoscope, our employees, or a third party.
Under no circumstances will Kaleidoscope be liable for any loss or damage of any kind caused by reliance on information obtained through the Site or Services. Kaleidoscope is not responsible for any offensive, defamatory, obscene or any other posting made through the Site and/or Services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Kaleidoscope sole discretion is inappropriate, objectionable or in violation of these Terms.
Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email
. We have the ability to remove objectionable Content and we will make every effort to do so, within a reasonable time frame, if we determine that removal is appropriate. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.
Neither Kaleidoscope nor any third party content provider shall assume or have any liability for any action or inaction by Kaleidoscope or any third-party content provider with respect to any conduct, communication or posting on the Site and/or Services.
Kaleidoscope is a mere conduit for the User Generated Content (as defined below) that is displayed on the Site. Kaleidoscope plays a subordinate role in the dissemination of the User Generated Content and in no way acts as a “publisher” of the same.
Ownership of User Generated Content
You retain ownership of any Content you submit to the Site or through the Services (“User Generated Content”). However, by submitting your User Generated Content to Kaleidoscope, you hereby grant Kaleidoscope the following worldwide, royalty-free, non-exclusive, sub-licensable and transferable rights and licences:
- to host, cache, store, archive, index, crawl, create algorithms based on, modify or transcode your User Generated Content to appropriate media formats, standards or mediums as part of the Services Kaleidoscope provides;
- to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display your User Generated Content on the Site, including, without limitation, in connection with any distribution or syndication arrangement thereof with third parties or third-party sites, in any media format or medium and through any media channels; and
- to use your User Generated Content for advertising, promotional or commercial purposes, including, without limitation, the right to publicly display, perform, reproduce and distribute your User Generated Content in any media format or medium and through any media channels.
By submitting User Generated Content for inclusion on the Site or through the Services, you also grant the following use of and rights to your User Generated Content to others: (i) the non-exclusive licence to access your User Generated Content through the Site or Services; (ii) if permitted, the ability for Users to rate, review and comment on your User Generated Content; (iii) if permitted, the ability for Users to send and distribute your User Generated Content; and (iv) the non-exclusive licence to Site Users to use, reproduce, distribute, remix, prepare derivative works and compilations of, display and perform your User Generated Content as permitted through the functionality of the Site and Services and under these Terms. Please keep in mind though that even if you delete your User Generated Content from the Site or Services, it may still exist in back-up copies or copies made by third parties prior to deletion.
Kaleidoscope may terminate or suspend any and all Services and/or your Kaleidoscope user account immediately, without prior notice or liability, including, without limitation, if you breach the Terms. Upon termination of your account, your licence will be revoked and your right to use the Site and/or Services will immediately cease. If you wish to terminate your Kaleidoscope account, you may simply discontinue using the Site and/or Services. All provisions of these Terms, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Content that you have shared with others on the Site and/or Services may still be available after the termination of your account. It is your responsibility to remove your User Generated Content from your account prior to termination. Upon termination of your account Kaleidoscope may remove all Content posted by you.
Content that is posted to the Site by partners, expert contributors, or bloggers (“Blogger Content”) is subject to these Terms.
By submitting Blogger Content to the site, you agree that:
- You have granted Kaleidoscope a worldwide, royalty-free, exclusive, sub-licensable and transferable right and licence to use the Blogger Content on the Site and that such license lasts in perpetuity;
- You will not grant a license or right to any other entity to use the Blogger Content, nor will you make the same available to any other entity; and
- The Blogger Content may, in Kaleidoscope’s sole discretion, remain on the Site after your membership or use thereof has been terminated, whether by you or by the Site.
The Site and/or Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Kaleidoscope has no control over such sites and resources, you acknowledge and agree that Kaleidoscope is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Kaleidoscope shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Kaleidoscope, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
In no event shall Kaleidoscope be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site, the Services or any Content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), or (iii) for any direct damages in excess of (in the aggregate) one hundred Canadian dollars (CDN$100).
Disclaimer of Warranties
KALEIDOSCOPE DOES NOT WARRANT THE VALIDITY OR ACCURACY OF ANY CONTENT OR ADVICE PROVIDED ON THE SITE AND KALEIDOSCOPE WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY USER RELIANCE ON ANY SUCH INFORMATION OR ADVICE.
THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY KALEIDOSCOPE ON AN "AS IS" AND "AS AVAILABLE" BASIS. KALEIDOSCOPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KALEIDOSCOPE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, KALEIDOSCOPE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. KALEIDOSCOPE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.
BY USING THE KALEIDOSCOPE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. KALEIDOSCOPE DOES NOT WARRANT OR GUARANTEE THAT ITS SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF KALEIDOSCOPE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, KALEIDOSCOPE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND KALEIDOSCOPE, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
Kaleidoscope may include on the Site advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, the User may be redirected to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The User acknowledges and agrees that Kaleidoscope is not liable or responsible for the content, products, or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Member is wholly liable for all communications and transactions with advertisers.
The Security of the Site
Kaleidoscope maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems information. For example, for the security of your online visit to the Site, Kaleidoscope may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Kaleidoscope strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Kaleidoscope will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the e-mail address you provided to us when you registered with the Site.
Kaleidoscope may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Kaleidoscope provides to you electronically satisfy any legal requirement that such communications be in writing.
Site is for Use in Canada
The Site and Services are intended for users located in Canada. If you are a non-Canadian user of Site, by visiting the Site, using the Services and/or providing Kaleidoscope with any User Generated Content specifically or Content generally, you agree to comply with all federal and provincial Canadian laws governing the Site, the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from Canada or the country in which you reside.
Conflict with Other Agreements
These Terms are in addition to, and do not nullify, any other agreement between you and Kaleidoscope or any other applicable terms and conditions found on the Site. In the case of any direct conflict between these Terms and any other agreement between you and Kaleidoscope, the provisions of such other agreement shall prevail but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Site. Notwithstanding the above, when you use PayPal or Eventbrite in order to make or receive a donation, your use of that service is governed by their user agreements, as detailed above.
You agree that if you are dissatisfied with the Site or any Services offered in connection with the Site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Kaleidoscope with respect to this Agreement or the Site, your sole and exclusive remedy is to discontinue using the Site and any Services offered in connection with the Site.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind Kaleidoscope in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Kaleidoscope shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Kaleidoscope reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Kaleidoscope may transfer, assign or delegate the Terms and its rights and obligations without consent.