Terms of Use

These Terms of Use (“Terms”) are a legal agreement between you and Broda-Wholeman Ltd. (“we,” “us,” or “our”). They govern your access to and use of our platform, BroDA, available at www.thewholeman.ca and through our mobile application, together with all related content and services (the “Platform”).

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must stop using the Platform immediately.

You must be at least 13 years old to use the Platform. By using the Platform, you represent and warrant that you meet this age requirement. If you are under 18, you must review these Terms with a parent or guardian and may only use the Platform with their consent. We do not knowingly collect personal information from children under 13. If we learn that a child under 13 has provided us with personal information, we will delete it promptly.

To access certain features of the Platform (such as posting comments, saving content to your library, or sending messages), you must create an account. When you create an account, you agree to:

• provide accurate, current, and complete information;
• keep your login credentials confidential;
• notify us promptly if you suspect unauthorized use of your account; and
• accept responsibility for all activity that occurs under your account.

We may suspend or terminate your account upon written notice, or immediately without notice if we reasonably believe you have violated these Terms, engaged in unlawful conduct, or created legal liability for us.

By creating an account, you acknowledge that we may send you non-commercial, transactional electronic messages necessary for the administration, security, and operation of your account (such as account confirmations and security alerts). You agree that these electronic communications satisfy any legal requirement that such communications be in writing.

We will obtain your separate, express consent before sending you any commercial electronic messages, such as newsletters or promotional content, in accordance with Canada's Anti-Spam Legislation (CASL). You may withdraw your consent to commercial messages at any time by using the unsubscribe mechanism provided in those messages.

The Platform provides content in the form of articles, podcasts, videos, podcast summaries, takeaways, topic guides, and transcripts (collectively, “Platform Content”). Platform Content comes from three sources:

• Broda-Wholeman Ltd. Content. Content created and owned by us.
• Third-Party Content. Content sourced from third parties, including podcasts and videos created by independent producers. Third-Party Content is the property of its respective owners and is displayed on the Platform under licence or with permission, or as permitted by law.
• AI-Generated Content. Content that has been generated or assisted by artificial intelligence, such as podcast summaries, takeaways, topic guides, and structured transcripts. AI-Generated Content is provided for informational purposes only and may not always be accurate or complete. You should not rely on AI-Generated Content as a substitute for professional advice. AI-Generated Content may be derived from third-party content; the use of AI does not transfer ownership of that underlying content to us.

The views and opinions expressed by third-party hosts, guests, and contributors in any Platform Content are their own and do not necessarily reflect the views, opinions, or positions of Broda-Wholeman Ltd. We do not endorse or verify the statements, advice, or recommendations made by any third party appearing on the Platform.

All Broda-Wholeman Ltd. Content, the Platform itself (including its design, layout, code, trademarks, and branding), and all proprietary rights in or to AI-Generated Content to the extent protectable under applicable law, are owned by or licensed to Broda-Wholeman Ltd. and are protected by Canadian and international intellectual property laws.

You may view, download, and print Platform Content for your personal, non-commercial use only. You may not:

• copy, reproduce, distribute, or publicly display any Platform Content for commercial purposes without our prior written consent;
• modify, adapt, or create derivative works from Platform Content;
• remove any copyright, trademark, or other proprietary notices; or
• use any automated tools (such as scrapers or bots) to access or collect Platform Content.

Third-Party Content remains the property of its respective owners. Your use of Third-Party Content is subject to any additional terms imposed by those owners.

You may share links to Platform Content for personal, non-commercial purposes, provided you give proper credit to BroDA and do not modify the content. Additional terms governing podcast episodes are set out in Section 9.

When you post comments, submit questions, send messages, or otherwise contribute content through the Platform (“User Content”), you:

• retain ownership of your User Content;
• grant Broda-Wholeman Ltd. a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable licence to use, copy, display, distribute, and adapt your User Content in connection with the Platform and our business;
• represent that your User Content does not infringe any third party's rights and that you have all necessary permissions to post it; and
• acknowledge that we may remove or edit User Content at our discretion if it violates these Terms or is otherwise objectionable.

You agree not to use the Platform to:

• post content that is unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable;
• harass, bully, intimidate, or discriminate against any person;
• impersonate any person or entity, or misrepresent your identity;
• upload viruses, malware, or other harmful code;
• attempt to gain unauthorized access to any part of the Platform, other user accounts, or our systems;
• use the Platform for spam, unsolicited advertising, or commercial solicitation;
• interfere with or disrupt the operation of the Platform; or
• violate any applicable law or regulation.

We may block members who violate these rules. You may also block other members using the Platform's blocking feature.

The Platform provides content related to physical health, mental health, faith, spirituality, and fatherhood. This content is for general informational and educational purposes only. It is not, and should not be treated as, professional medical, psychological, therapeutic, spiritual, legal, financial, or parenting advice.

You should always consult a qualified professional before making any decisions based on information you find on the Platform. In particular:

• Health and medical content is not a substitute for diagnosis, treatment, or advice from a licensed physician or healthcare provider. Do not start, stop, or change any medication or treatment based on anything you read, hear, or view on the Platform.
• Mental health content is not a substitute for professional counselling or therapy. If you are experiencing a mental health crisis, please contact a qualified mental health professional or emergency services immediately.
• Spiritual and faith content reflects the views of individual hosts and contributors and is not intended as authoritative religious guidance.
• Parenting and fatherhood content is shared from personal experience and general knowledge and is not a substitute for professional family or childcare advice.

By using the Platform, you expressly acknowledge and agree that: (a) you access and use the Platform and all Platform Content entirely at your own risk; (b) you assume full responsibility for any decisions or actions you take based on Platform Content; and (c) subject to and without limiting Section 15 (Limitation of Liability), you will not hold Broda-Wholeman Ltd., its directors, officers, employees, agents, hosts, guests, or contributors liable for any outcomes resulting from your reliance on Platform Content.

The following additional terms apply to your access to and use of podcast episodes available on the Platform:

• You may stream or download podcast episodes for your personal, non-commercial listening only.
• You may share links to episodes with others, provided you give proper credit to BroDA and do not modify the content.
• You may not re-record, re-upload, redistribute, broadcast, or publicly perform any podcast episode or any portion of a podcast episode without our prior written consent.
• You may not use podcast content to train, develop, or improve any artificial intelligence or machine learning model without our prior written consent.
• Podcast episodes may be removed, modified, or made unavailable at any time without notice. We do not guarantee that any particular episode will remain available.

The Platform may feature guest speakers, interviewees, and content contributors. By participating in or submitting any content to BroDA (including podcast interviews, written contributions, or responses to community questions), you:

• grant Broda-Wholeman Ltd. a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable licence to record, edit, reproduce, distribute, display, and publicly share your contribution in connection with the Platform, including across all podcast platforms, social media channels, promotional materials, and archives;
• represent and warrant that you have the rights and permissions necessary to share any content you provide and that your contribution does not infringe any third party's rights;
• acknowledge that your appearance or submission may be used, edited, or excerpted at our discretion; and
• waive any claims for compensation in connection with Broda-Wholeman Ltd.'s use of your contribution, unless a separate written agreement provides otherwise.

Broda-Wholeman Ltd. does not accept or consider unsolicited creative ideas, suggestions, proposals, or materials outside of the features expressly provided on the Platform (such as comments and the “Ask Anonymously” feature, provided that responses to “Ask Anonymously” queries are provided strictly for illustrative, general educational, and discussion purposes only and do not constitute clinical, therapeutic, or individualized advice).

If you submit any unsolicited materials to us, whether through the Platform, email, or any other channel, you agree that:

• the materials are not submitted in confidence and no confidential or fiduciary relationship is created;
• Broda-Wholeman Ltd. has no obligation to review, acknowledge, or return your submission;
• Broda-Wholeman Ltd. may use, disclose, or distribute the materials for any purpose without any obligation or compensation to you; and
• you have no claim against Broda-Wholeman Ltd. related to any similarity between your submission and any content later published on the Platform.

Platform Content, including podcast episodes, may be available through third-party platforms and services. Your use of those third-party platforms is governed by their own terms of use and privacy policies, not these Terms.

We are not responsible for the availability, functionality, or content of any third-party platform. We do not guarantee that Platform Content will always be available through any particular third-party service.

We respect third-party intellectual property and comply with the notice-and-notice regime under the Copyright Act (Canada). If you believe content on the Platform infringes your copyright, send a written notice to our designated address below. To be valid, the notice must specify: (a) your name, address, and interest in the work; (b) the copyrighted work claimed to be infringed; (c) the specific electronic location (such as a URL) of the alleged infringement; and (d) the date and time of the alleged infringement. In accordance with law, notices must not include settlement demands, payment requests, or links to such demands.

Notices should be sent to:
Broda-Wholeman Ltd.
broda.wholeman@gmail.com

Upon receiving a compliant notice, we will promptly forward it electronically to the relevant user and retain necessary statutory records as required by the Copyright Act. Independent of our statutory obligations, we reserve the right, in our sole discretion, to remove or disable access to any content alleged to be infringing and to suspend or terminate accounts of repeat infringers.

Except where prohibited by applicable law, including the Alberta Consumer Protection Act, the Platform and all Platform Content are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, whether express or implied. To the fullest extent permitted by law, Broda-Wholeman Ltd. disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In particular:

• Platform Content (including AI-Generated Content) is subject to the limitations described in Section 8 (No Professional Advice and Assumption of Risk).
• We do not guarantee the accuracy, completeness, reliability, or timeliness of any Platform Content, including AI-Generated Content.
• We do not endorse or assume responsibility for any Third-Party Content displayed on the Platform.

To the fullest extent permitted by applicable law, Broda-Wholeman Ltd. and its directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform, including but not limited to loss of data, loss of profits, or reliance on any Platform Content (whether Broda-Wholeman Ltd. Content, Third-Party Content, or AI-Generated Content). Nothing in these Terms shall limit or exclude any liability that cannot be limited or excluded under applicable law, including liability for fraud, fraudulent misrepresentation, gross negligence, wilful misconduct, or death or personal injury caused by negligence.

Subject to the exclusions above and without limiting Section 8, our total aggregate liability to you for any and all claims arising from or related to your use of the Platform will not exceed the greater of (a) the amount you paid to us in the twelve (12) months before the claim arose, or (b) one hundred Canadian dollars (CAD $100.00).

You agree to indemnify and hold harmless Broda-Wholeman Ltd. and its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• your wilful or negligent misuse of the Platform;
• your User Content, where such content infringes any third party's rights or violates applicable law;
• your violation of these Terms; or
• your violation of any third party's rights.

You may stop using the Platform at any time. You may also delete your account through your account settings.

We may suspend or terminate your access to the Platform at any time: (a) upon reasonable notice for any reason; or (b) immediately and without notice if we reasonably believe you have breached these Terms, violated applicable law, or engaged in conduct detrimental to the Platform or other users. Upon termination, your right to use the Platform will end immediately, but Sections 5 (Intellectual Property), 6 (User-Generated Content), 8 (No Professional Advice and Assumption of Risk), 10 (Guest and Contributor Licence), 14 (Disclaimer of Warranties), 15 (Limitation of Liability), 16 (Indemnification), 18 (Governing Law and Dispute Resolution), and 20 (General Provisions) shall expressly survive termination.

These Terms are governed by and will be interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict of law principles.

Except where prohibited by applicable consumer protection laws (including the Alberta Consumer Protection Act), any dispute arising from or related to these Terms or your use of the Platform will be resolved exclusively in the courts of the Province of Alberta, and you consent to the jurisdiction of those courts.

We may update these Terms from time to time. If we make material changes, we will notify you at least thirty (30) days before the changes take effect by posting a prominent notice on the Platform, by email, or through a mobile app notification. If you do not agree with the updated Terms, you may close or delete your account prior to the effective date of the changes without penalty. Your continued use of the Platform following the effective date of the revised Terms constitutes your acceptance of the changes.

Entire Agreement. These Terms, together with the Privacy Policy, make up the entire agreement between you and Broda-Wholeman Ltd. regarding the Platform.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer your rights under these Terms without our written consent. Broda-Wholeman Ltd. may assign its rights and obligations without restriction.

Force Majeure. We will not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including natural disasters, acts of government, pandemic, internet or telecommunications failures, or cyberattacks.

If you have any questions about these Terms, please contact us at:
Broda-Wholeman Ltd.
Email: broda.wholeman@gmail.com