This site uses cookies. By continuing to browse the site, you agree to our use of cookies. Find out more about cookies.

Terms of Use

Welcome to MKUTANO, a Social Enterprise from FHH Enterprises Inc (https://fhhent.com) (“FHH”). We’re so glad you’re here. Please follow our Terms of Service below.

  1.  Accepting These Terms
  2. Our Purpose
  3. Your Privacy
  4. Your Account on MKUTANO
  5. Your Content
  6. Your Use of Our Services
  7. Termination
  8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
  9. Indemnification (or What Happens If You Get Us Sued)
  10. Disputes with Other Users
  11. Disputes with FHH
  12. Changes to the Terms
  13. Some Finer Legal Points
  14. Contact Information


1. Accepting These Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

The Terms are a legally binding contract between you and FHH Enterprises Inc. (the “FHH” for short).

Please note that Section 11. Disputes with FHH, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. *

This contract sets out your rights and responsibilities when you use www.mkutano.community and the other services provided by FHH (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

2. Our Purpose

MKUTANO is the participatory platform where Black Canadians can meet and effectively organize at scale.

MKUTANO invites Black individuals, Black Community organizations, and Black-owned Companies to participate in the development of Black Canada through surveys, discussions, debates and voting to find consensus about the important issues affecting Black Canadians.

MKUTANO is intended to be the single, central repository for opinions, expectations, ambitions, documentation, development & advancement strategies, and implementation planning related to Black Canada.

We welcome those with an interest in making a difference in their communities to participate. We expect everyone to follow the rules of conduct set forth in these Terms of Use.

Our House Rules for Everyone. If you use any of our Services, you agree to these Terms and our Privacy Policy.

3. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is collected, used and shared when you use our Services. By using our Services, you're also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

4. Your Account in MKUTANO

You’ll need to create an account in MKUTANO to use its Services. Here are a few rules about accounts with MKUTANO:

1.    You must be 13 years or older to use our Services. Children under 13 years are not permitted to use MKUTANO or the Services.

2.    Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person, organization or company through your account.

3.    Choose an appropriate user name. You may not use language that is offensive, vulgar, hateful, derogatory or infringes someone’s intellectual property rights, or otherwise violates the Terms.

4.    You're responsible for your account. You’re solely responsible for any activity on your account. If you’re registering as a business or non-profit organization, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

5.    Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

6.    Let's be clear about our relationship. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and FHH.

7.    You may not share the login credentials to your registered account with any other individual, entity, or organization.

8.    You may not use your registration membership (or allow anyone else to use your registration membership) to post or transmit:

  1. Content that is abusive, vulgar, obscene, hateful, fraudulent, or that discloses private or personal matters concerning any person. This includes language, information, or images.
  2. Content that is threatening, defamatory or abusive, either between forum members or directed towards a Tribe Network moderator, or a Tribe Network employee or manager.
  3. “Rants,” “slams,” or legal threats against Tribe Network or another company or competitor.
  4. Bigoted, hateful, or racially offensive comments.
  5. Any material that you don’t have the right to transmit under law (such as copyright, trade secret, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements).
  6. Language that promotes illegal activity or discusses illegal activities with the intent to commit them.
  7. Any file or link to a file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone else’s Internet-connected device.
  8. Duplicate posts, spam messages, or posts repeated excessively on one or more boards.
  9. Messages designed to evade profanity or other filters.
  10. Personal phone numbers or addresses (to protect privacy).
  11. Personal email addresses, private information such as social security numbers, or other contact information that is not your own, including, but not limited to Tribe Network employee’s email addresses.
  12. Hyperlinks that lead to sites that violate any of the community guidelines.
  13. Any message that impersonates another person or affiliation with an entity, including, but not limited to, Tribe Network.
  14. In addition, our guidelines do not permit you to:
  • Intentionally violate any other applicable law or regulation while accessing and using our site
  • Interfere in any way with the operations in the forum or with a fellow user’s message box, including but not limited to mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
  • Evade bans or suspensions or otherwise disregarding directions from Tribe Network moderators or administrators. Tribe Network moderators may at any time and without prior notice remove any posted message or thread, delete words that violate these guidelines from posted messages, or ban your account for violating the above reasonable provisions. Please remember that you are responsible for all statements made and acts that occur through the use of your username and password.


5. Your Content

Content that you post on MKUTANO is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post (like names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

1.    Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.

 2.    Permission to Use Your Content. By posting Your Content on MKUTANO, you grant FHH a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help MKUTANO function and grow. That way, we won’t infringe any rights you have in Your Content.

 3.    Rights You Grant FHH. (Here’s the legalese version of the last section). By posting Your Content, you grant FHH a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote MKUTANO, in general, in any formats and through any channels, including across any FHH Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. That sounds like a lot, but it’s necessary for us to keep MKUTANO going. Consider these examples: if you upload a photo or video, we have permission to display it to other users, and we can resize or enhance it so it looks good to a buyer using our mobile app; and if you post a great comment, we can feature it in one of our blogs or even on a billboard to help promote MKUTANO.

4.    Reporting Unauthorized Content. FHH has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please advise us accordingly. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

 5.    Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on MKUTANO (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the MKUTANO in a manner that is fraudulent or deceptive.

6. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to the Terms and the following restrictions in particular:

1.    Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.

 2.    Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.

 3.    Follow Our Trademark Policy. The name "MKUTANO" and the other MKUTANO marks, phrases, logos, and designs that we use in connection with our Services (the MKUTANO Trademarks), are trademarks, service marks, or trade dress of FHH in Canada and other countries. If you like our trademarks and want to use them, contact us at info@fhhent.com

 4.    Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any ideas or other materials you submit to FHH (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

 5.    Talk to Us Online. From time to time, FHH will provide you with certain legal information in writing. By using our Services, you agree to let us send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

7. Termination

Termination By You. We'd hate to see you go, but you may terminate and delete your account on MKUTANO at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted on MKUTANO prior to termination.

Termination By FHH. We may terminate or suspend your account (and any accounts FHH determines are related to your account) and your access to MKUTANO should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Generally, FHH will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms, or we have legal or regulatory reasons preventing us from notifying you.

If you or FHH terminate your account, you may download all information associated with your account, including Your Content.

We May Discontinue the MKUTANO platform. FHH reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in MKUTANO’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. FHH is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. FHH is not a party to those agreements; they are solely between you and the third party.

WARRANTIES. FHH IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FHH, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL FHH AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) CANADIAN DOLLARS (CAD) OR THE AMOUNT YOU PAID FHH IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if FHH gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend FHH (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

10. Disputes with Other Users

If you find yourself in a dispute with another user of MKUTANO’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

FHH will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgements regarding legal issues or claims. FHH has no obligation to resolve any disputes.

Release of FHH. You release FHH from any claims, demands, and damages arising out of disputes with other users or parties.

11. Disputes with FHH

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

1.    Governing Law. The Terms are governed by the Federal laws of Canada and the Provincial laws of Ontario, without regard to its conflict of laws rules, and the laws of Canada. These laws will apply no matter where in the world you live, but if you live outside of Canada, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

2.    Arbitration. You and FHH agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the Canadian Arbitration Association (the “CAA”) under its Consumer Arbitration Rules (the "CAA Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms, unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgement on the arbitration award may be entered in any court that has jurisdiction.

3.    Costs of Arbitration. Payment for any and all reasonable CAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000 CAD, FHH will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

4.    Forum. We’re based in Ontario, so any legal action against FHH related to our Services must be filed and take place in Mississauga, Ontario. For all actions under the CAA Rules, the proceedings must be filed inn Mississauga, Ontario, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and FHH agree to submit to the personal jurisdiction of a Province or federal court located in Ontario.

5.    Modifications. If we make any changes to this “Disputes with FHH” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against FHH prior to the date the changes became effective. FHH will notify you of substantive changes to the “Disputes with FHH” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send FHH a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and FHH in accordance with the provisions of this “Disputes with FHH” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

12. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using MKUTANO. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of MKUTANO following the changes constitutes your acceptance of the updated Terms.

13. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and FHH regarding the use of MKUTANO. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

14. Contact Information

If you have any questions about the Terms, please email us at info@fhhent.com