Terms Of Service

May 10th, 2017

By signing up for the Timmins App business service (“Service”) or any of the services of The Timmins App (“The Timmins App”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by The Timmins App under the Terms of Service include various products and services to help you create and manage a business profile which is included and displayed in The Timmins App. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://business.thetimminsapp.com/legal/terms. The Timmins App reserves the right to update and change the Terms of Service by posting updates and changes to the Timmins App Business website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including The Timmins App’s Acceptable Use Policy (“AUP”) and Privacy Policy before you may become a Timmins App Business user.

The summaries are provided for convenience and are not legally binding. Please read the “Terms of Service” for the complete legal requirements. By using The Timmins App Business Dashboard or any Timmins App Business services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. To access and use the Services, you must subscribe to a Timmins App business account (“Account”) by providing your business' full legal name, a valid email address, and any other information indicated as required. The Timmins App may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that The Timmins App will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. The Timmins App cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  6. A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of The Timmins App will result in an immediate termination of your services.

Summary

You are responsible for your Account and any Materials you upload to The Timmins App Service.

We reserve the right to cancel your service for violation of these terms.

If we need to reach you, we will send you an email.

2. Account Activation

2.1 The Timmins App Account

  1. Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Summary

The person signing up for the The Timmins App Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a participating business on The Timmins App.

  1. Technical support is only provided to paying Account holders and is only available via email unless otherwise specified.
  2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service.
  3. You acknowledge and agree that The Timmins App may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on The Timmins App’s business website, available at https://business.thetimminsapp.com/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to The Timmins App Business website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  4. You may not use the Timmins App business service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by The Timmins App.
  6. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use The Timmins App or The Timmins App trademarks and/or variations and misspellings thereof.
  7. Questions about the Terms of Service should be sent to support@thetimminsapp.com.
  8. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  9. You acknowledge and agree that your use of the Service, including information transmitted to or stored by The Timmins App, is governed by its privacy policy at https://business.thetimminsapp.com/legal/privacy
  10. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and The Timmins App’s Terms of Service available in another language, the most current English version of the Terms of Service at https://business.thetimminsapp.com/legal/terms will prevail.

Summary

The Timmins App service is ours. You are not allowed to steal it for any reason whatsoever.

You can't use the Service for any illegal or illicit purposes.

Disputes will be dealt with in the Province of Ontario.

Your credit card information is always encrypted.

4. The Timmins App Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a business, or the Materials uploaded or posted to a listing, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Timmins App user, Timmins App employee, member, or officer will result in immediate Account termination.
  5. The Timmins App does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that The Timmins App employees and contractors may also be The Timmins App customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
  7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  8. The Timmins App retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, The Timmins App reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

Summary

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a Timmins App account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

  1. You expressly understand and agree that The Timmins App shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall The Timmins App or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, The Timmins App partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. The Timmins App does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. The Timmins App does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. The Timmins App does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

Summary

We are not responsible if you break the law, breach this agreement or infringe on the rights of a third party.

The Service is “as is” so it may have errors or interruptions. We provide no warranties.

6. Waiver and Complete Agreement

The failure of The Timmins App to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and The Timmins App and govern your use of the Service, superseding any prior agreements between you and The Timmins App (including, but not limited to, any prior versions of the Terms of Service).

Summary

If The Timmins App chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. Any previous agreements between you and The Timmins App don’t apply if they conflict with these terms.

7. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the Materials you provide to the The Timmins App service. All Materials you upload remains yours.
  2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your profile; (b) to allow The Timmins App, and in the case of Materials you post publicly, display, your Materials; and (c) that The Timmins App can, at any time, review all the Materials submitted to its Service, although The Timmins App is not obligated to do so.
  3. You retain ownership over all Materials that you upload to The Timmins App; however, by creating a business profile, you agree to allow others to view Materials that you post publicly to your listing. You are responsible for compliance of the Materials with any applicable laws or regulations.
  4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
  5. The Timmins App shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your business to promote the Service.

Summary

Anything you upload remains yours and your responsibility.

8. Payment of Fees

  1. By signing up for the Service, you agree to a 12 month contract minimum ("Contract Term") beginning upon commencement of the service.
  2. At the end of the Contract Term, the contract will automatically renew for the original contract length indefinitely until canceled (Section 9.1) in writing or via email.
  3. You will pay the Fees applicable to your subscription to The Timmins App business services (“Subscription Fees”) and any other applicable fees.
  4. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. The Timmins App will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and The Timmins App will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in CAD dollars, and all payments shall be in CAD currency.
  5. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at The Timmins App’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
  6. Fees for additional products suchs as Business Sponsored Giveaways and Boosted Content are due at the time of purchase of the additional products.
  7. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  8. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of The Timmins App’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
  9. The Timmins App does not provide refunds.

Summary

A valid credit card is required. You will be billed for your Subscription Fees every 30 days, your credit card will be charged immediately. Any Transaction Fees or Additional Fees will be charged to your credit card. If you’re exempt from Canadian taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.

9. Gift Cards

  1. By signing up for the Service you are eligible to offer Timmins App Digital Gift Cards.
  2. Timmins App Gift Cards ("Gift Cards") are valid only for registered Timmins App Users. Gift cards are issued by The Timmins App.
  3. To redeem a Gift Card, users must use the The Timmins App during the payment transaction. Timmins App Gift Cards must be redeemed toward the purchase of eligible products from particpating Timmins App businesses. Purchases are deducted from the Timmins App Gift Card balance. Any unused Timmins App Gift Card balance will be placed in the users's Timmins App Gift Card account when redeemed.
  4. Upon redemption of a Timmins App Gift Card amount, the purchase amount minus a transaction fee of 5% is deposited to the participating business's bank account.
  5. The Gift Card is not redeemable for cash or other cards, is not reloadable or refundable, cannot be combined with other balances, and cannot be resold, exchanged or transferred for value, except as required by law.
  6. The Timmins App disclaims all express or implied warranties as to the Timmins App Gift Card and The Timmins App. Gift Card terms may be subject to change in our sole discretion subject to applicable law.
  7. No fees or expiration dates apply to Gift Cards. Any refunded Timmins App amounts, if applicable, will be credited back to the user's Timmins App balance for future use under the same terms, unless otherwise required by law.
  8. When you purchase, receive or redeem a Timmins App Gift Card, you agree that the laws of Canada apply, without regard to principles of conflict of laws, and that such laws will govern these Gift Card terms and conditions. The Timmins App reserves the right to change these terms and conditions from time to time in its discretion to the extent permitted by law.

Summary

You will receive the redeemed amount minus a 5% transaction fee.

Gift Cards don't expire.

10. Cancellation and Termination

  1. You may cancel your Account at anytime after the initial Contract Term by emailing support@thetimminsapp.com and then following the specific instructions indicated to you in The Timmins App’s response.
  2. Upon termination of the Services by either party for any reason:
    1. The Timmins App will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
    3. any outstanding balance owed to The Timmins App for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    4. your business profile will be removed from The Timmins App.
  3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
  4. We reserve the right to modify or terminate the Timmins App Service or your Account for any reason, without notice at any time.
  5. Fraud: Without limiting any other remedies, The Timmins App may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Summary

To initiate a cancellation, email support@thetimminsapp.com. The Timmins App will respond with specific information regarding the cancellation process for your account.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

11. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change upon 30 days notice from The Timmins App. Such notice may be provided at any time by posting the changes to the The Timmins App business site (business.thetimminsapp.com) or by sending an email to your primary contact email address.
  2. The Timmins App reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. The Timmins App shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Summary

We may change or discontinue the service at anytime, without liability.

12. Third Party Services

  1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, The Timmins App’s partners or other third parties.
  2. The Timmins App may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or The Timmins App’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
  3. We do not provide any warranties with respect to Third Party Services. You acknowledge that The Timmins App has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on The Timmins App’s websites or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with The Timmins App. The Timmins App strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
  4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. The Timmins App is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
  5. Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
  6. Under no circumstances shall The Timmins App be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if The Timmins App has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
  7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, The Timmins App partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

Summary

We are not responsible for third party services so use them at your own risk. If you use any third party services on the Timmins App platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.

13. Copyright Infringement

The Timmins App supports the protection of intellectual property and asks The Timmins App participating businesses to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our members is infringing their intellectual property rights, they can send a notice to support@thetimminsapp.com. Upon receiving a Copyright Infringement Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the business can reply with a counter notification by contacting support@thetimminsapp.com if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the business from engaging in the infringing activity, otherwise we restore the material.

Summary

The Timmins App respects intellectual property rights and we want our participating members to also. If we receive a Copyright Infringement Notice, we may disable access or remove the allegedly infringing content from your business profile. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our members is infringing your intellectual property rights, you can send The Timmins App a Copyright Infringement Notice. We will disable access or remove the content and notify the business.