Terms & Conditions
We care about free, prior and informed consent and have made our terms and conditions as plain and simple as possible.
By using any of our Services , you agree that our relationship will be governed by these terms. If there is something that you are uncomfortable with, please let us know.
If you have any questions and concerns you can contact us via the contact form on the about us page. We will see if we can adapt our agreement to something that works for you. If that is not possible, unfortunately you won't be able to use our Services.
WHO ARE WE? – Introducing Sexplore Co-op
1.1. WE are Sexplore Co-operative (which is a trading name of Coop Sexplore) with business number 1175974451 and our registered address at 7114 Rue Boyer, Montreal, Quebec, Canada, H2S 2J8 (referred to as “Sexplore” / “we” / “us”).
1.2. YOU are the wonderful person who has chosen to use our Services and invest in your sexual wellbeing! (referred to as “the User” / “you”).
USING OUR Services – You must be 18+ to use our Services and you must take care to protect your account.
2.1. You must be at least 18 years of age to use our Services. If you are not 18 yet, you will just have to wait until you are to use our Services.
2.2. Our Services are provided for your personal use only, they may not be used or shared for commercial purposes, unless you get our approval.
2.3. If you decide to join our Program, or our free mini-course, you will be invited to sign up as a registered user on the Program Platform we use to deliver our Program. You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2.4. If you access our Program Platform on any computer, phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with this Agreement, whether or not you own the phone or other device.
2.5. Our Program is hosted on Mighty Networks (Mighty Software, Inc.). They provide us with the community platform that allows us to offer our Program and Services to you.
2.6 Our 6-month paid Program includes workshops. If you decide to meet up with other Program participants virtually to take part in these workshops, we recommend that you choose your meeting platform carefully in order to keep your meeting confidential.
OUR ENGAGEMENT UNDER THIS AGREEMENT – This Agreement (together with other key documents) governs your ability to access Sexplore’s Services.
3.1. Please note that we have included definitions for certain terms in “speech marks” for ease of reference. Any clause headings and clause summaries are for reference purposes only and shall not have legal effect. Please read the full clause text.
3.2. “Agreement”: We provide you with the right to use in accordance with this End User Licence Agreement.
3.2.1 “Program”: The Sexplore Program, which includes our free mini-course and our 6-month paid Program or any other program made available by Sexplore in the future.
3.2.2. “Program Platform”/“Website”: The Sexplore Program Platform (on Mighty Networks) and the Sexplore Website www.sexplore.ca, each as updated from time to time.
3.2.3. “Program Assets”: the data, documents, materials, content, videos, audio recordings or other information provided by us to you on our Program Platform, social media, and Website.
3.2.4. “Services”: the Services available to you via the Program Platform, including the social features such as community polls, and the Program Assets that we provide through it.
3.3. Each party agrees that no terms shall apply other than the terms set out in this Agreement and the following documents:
3.3.2. our Behavior Guidance Policy;
3.3.3. any applicable app store terms (e.g. Apple / Google), including any of their rules and policies, each as updated from time to time. If any of these documents conflict with this Agreement, this Agreement will have prescience. No other terms will be binding unless we agree otherwise in writing with you.
3.3.3. The platform Mighty Networks where we host our Program has privacy and data collection practices that are different from ours that you agree to comply with. Although we chose this platform carefully, we have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through their platform, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding Mighty Networks, its online store, its privacy policies, and/or any additional terms and conditions that may apply, please visit Mighty Networks’ website and click on its information links or contact Mighty Networks directly.
3.4. Each party agrees that the Services have not been misrepresented or described in a misleading way.
3.5. This Agreement is governed by Quebec law and the parties agree that the Quebec courts will have exclusive jurisdiction to settle any contractual or non-contractual claims and disputes.
3.6 If the Quebec court calls this Agreement into question, and if ever the Judge decides to invalidate a clause, the Judge shall be abilitated by this Agreement to amend the clause instead of invalidating the whole section or Agreement.
UPDATES – We have the right to vary the terms of this Agreement from time to time and we will provide you with updated Policy Notices.
We may update this Agreement at any time by emailing you with revised terms or displaying them within the Program Platform. You may be required to read and accept the revised terms to continue your use of the Program Platform and the Services.
4.1. Please note that we may change our subscription model from time to time and therefore your rights to use certain Program Assets may change and be subject to additional terms.
4.2. From time to time we may automatically update the Program Platform and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Program Platform for these reasons and failure to do so may affect your use of the Program Platform and the Services.
AVAILABILITY – There may be occasions where the Program Platform is unavailable, but we will try to minimize this wherever possible.
5.1. We will try to publish the times of any planned system outages within the Program Platform in advance.
5.2. We do not guarantee that:
5.2.1. your use of the Program Platform will be uninterrupted or error-free;
5.2.2. the Services or Program Assets obtained by you through the Program Platform will meet your requirements; or
5.2.3. the Program Platform will be compatible with your device.
5.3. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet.
LOCATION DATA – The Program Platform and other third party services collect and use location data sent from your devices.
6.1. You can turn off the location functionality at any time by turning off the location settings on the device you are using. If you use these Services, you consent to our transmission, collection, retention, maintenance, processing and use of your location data.
6.2. If you enable location features, or do not disable GPS on your mobile device, other members on the Program Platform may be able to see your location.
LICENCE RESTRICTIONS – Misbehaving during the use of our Program Platform or our Services (as outlined below) will put you in breach of this Agreement. We are a non-profit cooperative and we are working on having the lowest price possible to make our Program accessible. Our services are meant for your sole personal use.
7.1. You agree that you will not:
7.1.1. sub-license, share or make available any part of the Program Platform or the Services to any person without prior written consent from us;
7.1.2. copy the Program Platform, Program Assets and/or the Services;
7.1.3. access all or any part of the Program Platform, the Services or any Program Assets in order to build a product or service which competes with the Program Platform;
7.1.4. merge or modify the whole or any part of the Program Platform, the Program Assets or the Services;
7.1.5. disassemble, reverse engineer or create derivative works based on the whole or any part of the Program Platform or the Services; and
7.1.6. do anything which would breach any applicable laws relating to your use of the Program Platform.
ACCEPTABLE USE RESTRICTIONS – It is important to us that everyone feels welcome and comfortable to participate. So by using our services, you agree to be respectful and to not share any inappropriate or offensive content.
8.1. By signing up to our Program and joining our Program Platform, you agree to act in a respectful manner according to our Program Behaviour Guidelines that can be found on our Website. You must read these Guidelines before using the Services.
8.2 In addition, you must not:
8.2.1. use the Program Platform or the Services in an unlawful manner or in breach of this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses into the Program Platform;
8.2.2. infringe our intellectual property rights (copyright, trade marks, design rights, database rights, moral rights, patents etc) (“IPR”) or a third party’s IPR in relation to your use of the Program Platform or any Service, including by the submission of any infringing or illegal content by you;
8.2.3. transmit any content that is derogatory, defamatory, offensive or otherwise objectionable in relation to your use of the Program. This is particularly important in relation to any community boards or comments sections of a Service. Please respect other user’s views and report any issues that you identify by contacting us via the contact form on the about us page;
8.2.4. As a reference for what we would qualify as derogatory, defamatory, offensive, inappropriate or otherwise objectionable, please read our Program Behaviour Guidelines;
8.2.5. use the Program Platform or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
8.2.6. collect or harvest any Program Assets or other information from the Program Platform or our systems.
INTERACTION - You agree to be respectful within the Program as you interact with other users of the Program, and as you interact with others on our public forums.
9.1 As part of our Program, Services, or other events, we will host chats, message boards, polls and other private interactive forums. We want these interactions to reflect the safe and respectful space we are trying to create. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the chats, message boards, or other forums in the future. We may remove or alter any user-created content at any time if such users fail to comply with the terms and conditions on this Agreement or terminate your right to use the Services.
9.2. We will do our best to monitor content and postings on the message boards, chat rooms or other private or public forums during our Program, events or any of our Services. However, should you still feel uncomfortable with any of the said content and postings, please bring it to our attention by contacting us via the contact form on the about us page.
9.3. Message boards, chats and other public forums are intended to serve as discussion centers for Users. Information and content posted within these public forums may be provided by our staff, our outside contributors, by users not connected with us, or by self-declared specialists, some of whom may employ anonymous usernames. We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the Users, and do not reflect our opinion or any of our subsidiaries or affiliates.
9.3.1. We have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums during our Program, events or any of our Services. However, you acknowledge and agree that we have the right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request (national or international) and to protect ourselves and our Users.
INTELLECTUAL PROPERTY – We own all rights to the Website, and the content that we create, share or upload to the Program Platform, but you have the right to use it. You own all content that you create and upload.
10.1. All IPR that we upload in the Program Platform, the Program Assets and the Services throughout the world belongs to us (or our licensors) and the rights in the Program Platform and the Services are licensed (not sold) to you, for your personal use only. All new IPR that we create will automatically belong to us.
10.2. You have no rights in or to the Program Platform, the Program Assets or the Services other than the right to use them in accordance with this Agreement.
10.3. You may share information, content and materials (including social contributions) (collectively referred to as “User Content”) to the Program Platform from time to time for certain aspects of the Services. You guarantee that you own all rights in the User Content and you acknowledge and agree that you have sole responsibility for the legality, reliability, accuracy and quality of the User Content.
10.4. You grant to us a non-exclusive, royalty-free, worldwide licence to use the User Content to the extent reasonably necessary for the provision of the Services from time to time. This right cannot be withdrawn by you (but you can delete the content from any public-facing elements of the Program Platform) and the licence may be used by us on an ongoing basis. We will use the User Content internally to improve the Program and to be able to offer you Services of higher quality. Externally, we might also use User Content publicly - (anonymous) quotes for example - to promote the Program and our Services. We will however always ask for your consent to use any of your User Content as a quote, and you will be able to retrieve this consent at any time by contacting us via the contact form on the about us page.
THIRD PARTY LINKS – Certain content, products and Services available via our Service may include materials from third-parties.
11.1 Third-party links on this site may direct you to third-party websites that are not affiliated with us. Although we carefully choose the links we share with you, we are not responsible for examining or evaluating all the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
11.2 We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11.3 You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission with written Policy. If you wish to make any use of our content other than that set out above, please contact us via the contact form on the about us page.
LIMITATION OF LIABILITY – Responsibility for loss or damage suffered by a party is limited in certain circumstances.
12.1. This clause sets out the liability of each party under the Agreement for arising under or in connection with this Agreement for any reason.
12.2. With the exception of clause 12.3:
12.2.1. we will not be liable for the transmission of any viruses or malicious code to the User;
12.2.2. neither party will be liable for any unforeseeable losses (including indirect loss and consequential loss), loss of profits, loss of business or loss or corruption of data or information. Loss or damage is unforeseeable if either it is not obvious that it will happen or if, at the time you accepted these terms, neither party knew that it would happen.
12.3. Nothing in this Agreement will exclude the liability of either party for: (i) death or personal injury arising from the other party’s negligence; (ii) fraud; or (iii) under an indemnity in this Agreement.
12.4. All terms implied by law are excluded from this Agreement (to the extent permitted by law). You acknowledge that our Services have not been created to meet your specific requirements and it is provided on an ‘as is’ basis only
INDEMNITY – In some cases you will have to reimburse us for liability we incur if you breach the Agreement.
13.1. You agree to indemnify (i.e. reimburse on a dollar by dollar basis) for any liability suffered by us arising from, or in connection with, claims relating to a breach of the Licence Restrictions (clause 7), the Acceptable Use Restrictions (clause 8) or arising from the User Content (clause 10.3).
DISCLAIMER – Please exercise caution before relying on any information provided through our Website and the Program Platform.
14.1. The Program Platform and the Services are provided for general information purposes only and we do not offer tailored advice that you should rely on - everyone is unique. You must obtain professional or specialist health, medical or fitness advice before taking, or refraining from, any action on the basis of information obtained from the Program Platform or the Services. Although we make reasonable efforts to update the information provided by the Program Platform and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
14.2. We are not a health care or medical advice provider, nor should our Services be considered medical advice. Only your physician or other health care provider can do that. We make no claims, representations or guarantees that our Services provide a therapeutic benefit. We will not treat or diagnose any disease, illness, or ailment and if you should experience any such issues you should seek the advice and examination of your registered physician or practitioner as determined by your own judgment. You understand the information shared in the Program is not a substitute for health care or medical advice of any kind. You understand and agree that you are fully responsible for your mental well being, including your mental and physical choices and decisions.
14.3. Any health information and links on our Program Platform, Website, or any other platform that we may use, whether provided by us or by contract from outside providers, is provided simply for your convenience.
14.4. Testimonials and quotes appearing on our Website are received via text, audio, or video submission. They are individual’s actual experiences, reflecting the real life experiences of those who have used our Program and/or Services. We do not claim that they are typical results that the User will generally achieve. The testimonials and quotes are not necessarily representative of all of those who will use our products and/or services. You understand that any testimonials, quotes or endorsements by our Users or audience represented on our Website, or through our Programs, are solely opinions from individuals. Similarly, any information contained on this Website and on our Program, content and offerings are solely our opinion and therefore, not representations, warranties, or guarantees of any kind.
14.5. Please be aware that Internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special Policy that a particular transmission is encrypted.
CONFIDENTIALITY AND PRIVACY – We may process sensitive personal information about you, but all information is kept confidential.
15.1. Our approach to the capture, storing, sharing and use of information and data (including data supplied by you) is set out in our Privacy Notice. Due to the nature of the Program, we may process sensitive personal data about you.
15.3. We will keep all information which you provide to us which is reasonably confidential relating to your account in strict confidence, provided that it is not published or publicly used on the Program Platform or the Services by you (“Confidential Information”).
15.4. We will only use your Confidential Information to the extent required in providing you with our Services and operating the Program Platform.
15.5. We may provide Confidential Information to our officers, employees, consultants, agents and subcontractors who need access to the Confidential Information in connection with discharging our obligations under this Agreement, provided that they are subject to comparable confidentiality restrictions as this section.
15.6. However, we can freely use Confidential Information if it: is in the public domain (without fault by us); is already known to us; is disclosed from another non-confidential source; or is required to be disclosed by law (provided that, where permitted by law, we notify you as soon as possible following its receipt of the disclosure request.
TERMINATION – We may end your rights to use our Services if you breach the terms of the Agreement.
16.1. We may end your rights to have access to our Program through the Program Platform and Services at any time by contacting you if you have broken this Agreement in a serious way. If what you have done can be put right within 14 days, we will give you the opportunity to do so.
16.2 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
16.3. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
16.4 If you leave our Program on Mighty Networks you will instantly leave the network and you will stop receiving notifications. However, keep in mind that when you leave a network on Mighty Networks, your activity (such as any comments or posts that you added) will still be visible to other members. If you would instead prefer to permanently delete your account and remove all of your activity and posts from that network, please follow the instructions to do so provided by Mighty Networks
UNFORESEEABLE EVENTS – If something unforeseeable happens which affects the Program Platform, neither party will have any liability.
17.1. Neither party will have any liability to the other party for any failure or delay caused by any unforeseeable circumstance beyond that party’s reasonable control in performing its obligations in this Agreement. Such events may include: fire, earthquakes, tidal waves, flood, storm, war, riots, strikes (whether involving the workforce of Sexplore Co-op or any of its subcontractors), terrorism, malicious damage and/or legal changes and prohibitions.
MISCELLANEOUS – This clause sets out a number of standard contractual clauses (all of which are still important!)
18.1. If any term of this Agreement is found to be invalid or unenforceable, it will be severable from, and shall not affect, the remaining terms. The remaining clauses will continue in full force and effect.
18.2. You must not transfer this Agreement or the use of your account to anyone, as it is personal to you. We may transfer our rights and obligations under this Agreement to another entity to continue offering similar services. You will be notified in this case. Should you not feel comfortable with this, you can contact us and we can end your membership. This will not detrimentally affect your rights and obligations under this Agreement.
18.3. As part of the Services we may use a range of employees, consultants and subcontractors and we will be responsible for them.
18.4. A person who is not a party to this Agreement will not have any rights under or in connection with it.
18.5. If you breach this Agreement and we decide not to enforce any of our rights against you, this will not prevent us from doing so at a later date.
18.6. This Agreement does not create an agency, partnership or joint venture relationship between us.
18.7. We will primarily communicate with you via email. All legal notices must be in writing and will be deemed given when mailed by registered or certified mail, return receipt requested, to the other party’s address. Serving notice by email or fax will not be accepted as an effective method of providing notice of a claim under this Agreement, but references to ‘writing’ shall otherwise include email in this Agreement.
18.8. Please contact us via the contact form on the about us page to provide a notice under this Agreement (subject to clause 18.7), raise any queries or complaints or to highlight any inappropriate content or behavior from other users within the Program. We will do our best to come back to you promptly.
These Terms & Conditions were last updated April 2021.