Terms of Use

Last Updated: June 1, 2025  |  Effective Date: June 1, 2025

Welcome to Gowuku (operated by Gowuku), accessible at gowuku.info (the “Website”). These Terms of Use (“Terms”) govern your access to and use of our Website, products, and services (collectively, the “Services”). Please read these Terms carefully before using our Services.

1. Acceptance of Terms

By accessing or using the Website or any Services provided by Gowuku (“Gowuku,” “we,” “us,” or “our”), you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue your use of the Website and Services.

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Gowuku, a company operating under the laws of Canada. Your continued use of the Website following any modifications to these Terms constitutes your acceptance of the revised Terms.

If you are using the Services on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to “you” shall include both you and that entity.

2. Description of Services

Gowuku provides users with access to its website located at gowuku.info and associated digital services, content, features, tools, and functionalities as made available from time to time (collectively, the “Services”). The nature and scope of Services may include, but are not limited to:

• Access to informational content, articles, resources, and publications available on the Website;
• Interactive features, tools, or platforms provided through the Website;
• Communication channels including contact forms, newsletters, and customer support;
• Any other products or services we may introduce from time to time.

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to any part of the Services at any time, with or without notice, and without liability to you or any third party. We do not guarantee that the Services will always be available, uninterrupted, or free from errors.

3. Eligibility

To access and use the Services, you must be at least 18 years of age or the age of majority in your province or territory of residence, whichever is greater. By using the Services, you represent and warrant that you meet all eligibility requirements. If you are under the age of majority, you may only use the Services under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms.

The Services are intended for users located in Canada. We make no representation that the Services are appropriate or legally available for use in other jurisdictions. If you access the Services from outside Canada, you do so at your own risk and are responsible for compliance with local laws.

4. User Responsibilities and Acceptable Use

You agree to use the Website and Services only for lawful purposes and in a manner consistent with these Terms, applicable Canadian federal and provincial laws, and all applicable regulations. You are solely responsible for all activities that occur under your account or through your use of the Services.

You agree that you will NOT:

• Use the Services for any unlawful, fraudulent, deceptive, or harmful purpose;
• Violate any applicable local, provincial, national, or international law or regulation, including but not limited to the Criminal Code of Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA), or the Canada Anti-Spam Legislation (CASL);
• Transmit, distribute, or upload any content that is defamatory, obscene, abusive, threatening, hateful, discriminatory, or otherwise objectionable;
• Infringe upon or violate the intellectual property rights, privacy rights, or any other rights of any third party;
• Attempt to gain unauthorized access to any portion of the Website, servers, networks, or databases connected to the Website;
• Introduce or transmit any viruses, malware, spyware, worms, Trojan horses, or other harmful or malicious code;
• Use automated tools, bots, scrapers, crawlers, or similar technologies to access, collect, or extract data from the Website without our prior written consent;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Engage in any conduct that disrupts, interferes with, or places an unreasonable burden on the Website's infrastructure or other users' access to the Services;
• Use the Services to send unsolicited commercial communications in violation of CASL or any other applicable anti-spam legislation;
• Collect or store personal information about other users without their express consent.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation reporting such conduct to law enforcement authorities or seeking injunctive relief.

5. Intellectual Property Rights

All content, materials, features, and functionality available through the Website and Services — including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the selection and arrangement thereof — are the exclusive property of Gowuku or its licensors and are protected under Canadian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Gowuku name, logo, and all related names, logos, product and service names, designs, and slogans are registered or unregistered trademarks of Gowuku or its affiliates. You may not use such marks without our prior written permission.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and Services solely for your personal, non-commercial purposes. This licence does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works of any content from the Website;
• Reverse engineer, decompile, or disassemble any software or technology used to deliver the Services;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Sublicence, sell, resell, transfer, or commercially exploit any aspect of the Services.

Any use of the Website's content or Services beyond the scope of the limited licence granted herein, without our prior written consent, is strictly prohibited and constitutes an infringement of our intellectual property rights.

6. User-Generated Content

Where the Website permits you to submit, upload, post, or otherwise make available content (“User Content”), you retain ownership of any intellectual property rights you hold in that content. By submitting User Content, you grant Gowuku a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in connection with operating and improving the Services.

You represent and warrant that: (a) you own or have the necessary rights and permissions to submit the User Content; (b) the User Content does not infringe any third-party rights; and (c) the User Content complies with these Terms and all applicable laws. We reserve the right, but are not obligated, to review, monitor, edit, or remove any User Content at our sole discretion.

7. Privacy and Personal Information

Your privacy is important to us. The collection, use, and disclosure of your personal information is governed by our Privacy Policy, available on the Website, and by applicable Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws. By using the Services, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy.

8. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, Gowuku EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Any warranty that the Services will be uninterrupted, timely, secure, or error-free;
• Any warranty regarding the accuracy, reliability, completeness, or timeliness of any content or information provided through the Services;
• Any warranty that defects in the Services will be corrected;
• Any warranty that the Website is free of viruses or other harmful components.

No advice or information, whether oral or written, obtained from Gowuku or through the Services shall create any warranty not expressly stated in these Terms. Some jurisdictions in Canada do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN CANADA, IN NO EVENT SHALL Gowuku, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR AFFILIATES BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, business, data, goodwill, or anticipated savings;
• Damages resulting from unauthorized access to or alteration of your data or transmissions;
• Damages arising from the conduct of any third party using the Services;
• Any matter beyond our reasonable control;

whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if Gowuku has been advised of the possibility of such damages. Our total aggregate liability to you for any claims arising from or related to the Services shall not exceed the greater of: (a) the total amount paid by you to Gowuku in the twelve (12) months preceding the claim; or (b) one hundred Canadian dollars (CAD $100.00).

The limitations of liability set out in this section reflect a fair allocation of risk between you and Gowuku and form an essential basis of the bargain between the parties. These limitations apply notwithstanding any failure of essential purpose of any limited remedy. Some Canadian provinces do not allow certain limitations of liability, so some of the above may not apply to you, and you may have additional rights.

10. Indemnification

You agree to defend, indemnify, and hold harmless Gowuku, its directors, officers, employees, agents, licensors, service providers, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your access to or use of the Website or Services;
• Your violation of these Terms or any applicable law or regulation;
• Your infringement of any intellectual property or other rights of any third party;
• Any User Content you submit, post, or otherwise make available through the Services;
• Your negligent or wrongful conduct.

We reserve the right, at your expense, to assume exclusive control of the defence of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of such claims.

11. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Gowuku. These links are provided for your convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of any third-party websites or services. We strongly encourage you to review the terms and privacy policies of any third-party sites you visit.

The inclusion of any link on our Website does not constitute our endorsement of that site or service. You access third-party websites at your own risk, and we are not liable for any loss or damage that may arise from your use of them.

12. Force Majeure

Gowuku shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, storms, floods, or earthquakes;
• Epidemics, pandemics, or public health emergencies;
• War, terrorism, riots, civil unrest, or government actions;
• Internet or telecommunications failures, power outages, or infrastructure failures;
• Strikes, labour disputes, or shortages;
• Any other event or circumstance beyond our reasonable control.

In such circumstances, our obligations will be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume performance as soon as reasonably practicable.

13. Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services (whether in contract, tort, statute, or otherwise) shall be 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 conflict of law principles.

You irrevocably consent to the exclusive jurisdiction and venue of the courts located in Ontario, Canada for the resolution of any disputes not subject to arbitration as described in Section 14 below.

14. Dispute Resolution

We are committed to resolving disputes fairly and efficiently. In the event of any dispute, claim, or controversy arising out of or related to these Terms or your use of the Services, the parties agree to the following process:

14.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] with a written description of your complaint and the relief you seek. We will attempt to resolve the matter informally within thirty (30) days of receiving your written notice. If we cannot resolve the matter informally within that time, either party may proceed to formal dispute resolution.

14.2 Mediation. If informal resolution is unsuccessful, the parties agree to attempt to resolve the dispute through non-binding mediation conducted in Ontario, Canada, under the mediation rules of a mutually agreed-upon mediator. The costs of mediation shall be shared equally by the parties.

14.3 Arbitration. If mediation is unsuccessful or if either party elects to forgo mediation, any dispute, controversy, or claim arising out of or relating to these Terms shall be finally resolved by binding arbitration in Ontario, Canada, in accordance with the applicable arbitration rules. The arbitration shall be conducted in the English language. The decision of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction.

14.4 Exception. Nothing in this section prevents either party from seeking urgent or interim injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute.

14.5 Consumer Rights. Nothing in these dispute resolution provisions is intended to limit any statutory rights you may have under applicable Canadian consumer protection legislation, including the Consumer Protection Act, 2002 (Ontario) or equivalent provincial legislation.

15. Termination

We reserve the right, in our sole discretion and without prior notice or liability, to terminate or suspend your access to all or any part of the Website or Services at any time, for any reason, including without limitation if we believe you have violated these Terms.

Upon termination, your right to use the Services will immediately cease. The following sections of these Terms shall survive any termination: Intellectual Property Rights, User-Generated Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and Entire Agreement.

You may also terminate your use of the Services at any time by discontinuing your access to the Website. If you have created an account, you may request account deletion by contacting us at [email protected].

16. Modification of Terms

Gowuku reserves the right to update, modify, or replace these Terms at any time at our sole discretion. When we make material changes, we will update the “Last Updated” date at the top of this page and, where appropriate, provide additional notice (such as by email or a prominent notice on the Website).

It is your responsibility to review these Terms periodically for changes. Your continued use of the Website or Services after any modifications to the Terms constitutes your binding acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately discontinue your use of the Services.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or guidelines published by us on the Website, constitute the entire agreement between you and Gowuku with respect to your use of the Website and Services, and supersede all prior and contemporaneous agreements, understandings, negotiations, representations, and communications, whether written or oral, between you and Gowuku relating to the subject matter hereof.

No failure or delay by Gowuku in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, and no single or partial exercise of any right, power, or privilege shall preclude any further exercise thereof or the exercise of any other right, power, or privilege. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Gowuku.

19. Language

The parties confirm that it is their wish that these Terms, as well as any other documents relating hereto, including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s'y rattachent, soient rédigés en langue anglaise uniquement.

20. Accessibility

Gowuku is committed to providing an accessible experience for all users, in accordance with applicable accessibility standards including the Accessibility for Ontarians with Disabilities Act (AODA) and the Accessible Canada Act. If you experience any accessibility barriers on our Website, please contact us using the information below.

21. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Use, please contact us using the following information:

We will make every effort to respond to your inquiry within a reasonable timeframe. For urgent legal matters, please clearly indicate the nature of your inquiry in your correspondence.

By accessing or using gowuku.info, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. These Terms are effective as of the date stated above and apply to all users of the Website and Services.