Terms and Conditions

Last updated Aug 2017

 

Introduction:

Welcome to the www.tsbah.ca website (the "TSBAH.ca Site"). By using the TSBAH.ca Site, including any programs or services on the TSBAH.ca Site, you agree, without limitation or qualification to be bound by these terms and conditions (the "Terms and Conditions") and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with use of a TSBAH.ca Site. If you do not agree with these Terms and Conditions, you may not have access to use the TSBAH.ca Site or its services.

General Provisions:

These Terms and Conditions you have entered into are personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between you and Trioma Small Business Advertising Hub (TSBAH) ("TSBAH.ca") pertaining to your use of the TSBAH.ca Site and Content, and supersede any prior agreements between you and TSBAH.ca relating to the subject matter hereof. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions of parts thereof contained herein.

Registration:

Various services, including the ability to upload and manage information related to your personal or business listings may be available on the TSBAH.ca Site (the "Services"), and access to such Services including any related material, software, information, data and other content ("Content") may require you to register with the TSBAH.ca Site. Where you wish to access Services that require you to register, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information in order that it is kept accurate and complete. You further agree that you are responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of registration: and (b) all activities that occur using such password or account. Further, you agree to immediately notify TSBAH.ca of any unauthorized use of your password or account. TSBAH.ca will not be held responsible or liable, directly or indirectly, in any way for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

User Conduct:

a. As a user of the TSBAH.ca Site, and in consideration for the availability and your use of the TSBAH.ca Site, you agree to comply with all applicable laws and these Terms and Conditions when using the TSBAH.ca Site. You agree specifically not to:

  • misrepresent your identity;
  • post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
  • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
  • upload viruses or other malicious code;
  • bully, harass or otherwise intimidate any user;
  • post material that is hateful, racist, threatening or pornographic;
  • use the TSBAH.ca Site to do anything that is unlawful, misleading, malicious or discriminatory; and
  • post, transmit, link to, or otherwise distribute any information, material (including for greater certainty, software) which becomes a virus, cancelbot, trojan horse, work or other harmful or disruptive component.

b. TSBAH.ca prohibits users from using the TSBAH.ca Site as specified in User Conduct Section (a), and TSBAH.ca reserves the right to remove Content from the TSBAH.ca Site that it determines in its sole discretion contravenes User Conduct Section (a) or may otherwise be unsuitable.

Reviews:

Users of the TSBAH.ca Site will have the option, and in fact are encouraged to submit reviews of businesses listed on the TSBAH.ca Site. All reviews that are submitted by a user must conform to the requirements of these Terms and Conditions. Where TSBAH.ca believes as determined in its sole discretion that a user has violated these Terms and Conditions, TSBAH.ca may remove or suspend such user's access to the TSBAH.ca Site. In addition, TSBAH.ca reserves the right to remove any Content that is posted on the TSBAH.ca Site including Content that is posted as part of a review.

Complaint Review Process:

If you discover a review regarding your business that contains false, misleading or inappropriate content, and you wish for TSBAH.ca to conduct a review, please contact us customerservice@tsbah.ca, with subject heading “Review Complaint” with full details as to why you believe this review is false. Upon receiving such a request, TSBAH.ca will use reasonable efforts to investigate the content and will endeavor to respond to you within 1 to 2 weeks' time.

Ownership of Website Content:

TSBAH.ca either owns or is a licensee of the Content contained on the TSBAH.ca Site, including all images, photographs, audio, video, and text. Except as expressly provided for in these Terms and Conditions, or based on functionality provided for on the TSBAH.ca site you are not permitted to copy, reproduce, alter, share or modify the Content found on the TSBAH.ca Site.

Managing Your Profile:

As part of the provision of Services, TSBAH.ca will provide you with the ability to manage your personal or business profile (“Individual Profile”). After the completion of an authentication process, you will be granted the limited right to manage certain features of your Individual Profile. You hereby acknowledge that by managing and customizing your Individual Profile you are permitting Content you provide to be shared with other users of the TSBAH.ca Site and TSBAH.ca is not responsible for the use of such information by others. In addition, you will ensure that all information or Content provided by you related to your Individual Profile is provided in accordance with these Terms and Conditions.

a. Ownership or License. The TSBAH.ca Site provides mechanisms by which materials may be uploaded to a user's Individual Profile. For any material that you upload to the TSBAH.ca Site, you automatically grant (or warrant that the owner of such material expressly grants) TSBAH.ca and its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, and publicly display such submitted materials.

b. Restrictions on Uploading and Management of Content. By uploading any Content to your Individual Profile you agree that you are entirely responsible for the content of, and any harm that may result from the Content. You hereby agree that you will not upload any Restricted Content, as specified herein. TSBAH.ca reserves the right to remove content from your Individual Profile, when TSBAH.ca has determined in its sole discretion that such content is Restricted Content.

Restricted Content includes:

  • subject material;
  • content that harasses or advocates harassment;
  • content that poses a security or privacy risk;
  • content that constitutes information that is false, misleading, libelous or defamatory;
  • content that infringes upon a third party's intellectual property rights;
  • content that violates the privacy rights, publicity rights or contractual rights of a third person; and
  • content that promotes illegal or criminal activity.

 

Disclaimer and Limitation of Liability:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TSBAH.CA SITES, INCLUDING ANY SERVICES OR PROGRAMS FOUND THEREON ARE PROVIDED ON AN ‘AS IS' AND ‘AS AVAILABLE' BASIS AND THAT EACH OF TSBAH.CA, ITS AGENTS, REPRESENTATIVES AND LICENSORS AND EACH OF THEIR RESPECTIVE AFFILIATES (COLLECTIVELY THE “TRIOMA INC”) DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, TERMS, CONDITIONS AND ENDORSEMENTS (COLLECTIVELY THE “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED , AS TO ANY MATTER HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, SUITABILITY, RELIABILITY, FREEDOM FROM INFECTIONS OR VIRUSES OR COMPLETENESS AS WELL AS ANY WARRANTIES ARISING BY STATUE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND (B) TO THE MAXIMUM EVENT PERMITTED BY APPLICABLE LAW, TSBAH.CA SPECIFICALLY MAKES NO WARRANTIES THAT TSBAH.CA SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A TSBAH.CA SITE WILL BE PROVIDED ON A UNINTERRUPTED TIMELY, SECURE, OR ERROR FREE BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TSBAH.CA BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF TSBAH.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE TSBAH.CA SITES, THEIR CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL THE PROGRAM WEBSITE'S LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, THE AMOUNT PAID BY YOU TO USE THE SERVICES.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. IN NO EVENT WILL THE INSTAGRAM PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED CANADIAN DOLLARS ($100.00).

Basic terms

  1. You must be at least 18 years old to use the Service
  2. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  3. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  4. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or TSBAH.ca
  5. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way TSBAH.ca is rendered or displayed in a user's browser or device.
  6. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use.

 

Indemnification:

You agree to defend, indemnify and hold harmless each member of the TSBAH.ca from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; or (b) your access to or use of: (i) Services; (ii) the TSBAH.ca Site; or (iii) Content. TSBAH.ca reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Modifications:

TSBAH.ca reserves the right, in its sole discretion to add to, remove from, modify or otherwise change any part of these Terms and Condition, in whole or in part at any time. Except as expressly contemplated herein, changes will be effective when notice of such change is posted on the TSBAH.ca Site. Please check these Terms and Conditions regularly for updates by checking the “Last Updated” date at the top of this document. If any change is not acceptable to you, you must discontinue your use of the TSBAH.ca Site immediately. Your continued use of the TSBAH.ca Site after any such changes are posted, will constitute acceptance of those changes.

Privacy:

For information on how user information is collected, used and disclosed by TSBAH.ca in connection with your use of the TSBAH.ca Site, please consult our Privacy Policy.

TSBAH.ca Termination:

TSBAH.ca reserves the right to suspend or terminate your access to the TSBAH.ca Site, at any time for convenience, or for any other reason, including without limitation if TSBAH.ca has determined in its sole discretion that the use of the TSBAH.ca Site was in breach of these Terms and Conditions.

Governing Law:

These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.