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
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
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
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.
You acknowledge that The Timmins App will use the email address you
provide as the primary method for communication.
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.
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
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.
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
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.
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.
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
before you may become a participating business on The Timmins App.
Technical support is only provided to paying Account holders and
is only available via email unless otherwise specified.
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.
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.
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.
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.
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
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.
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
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
We reserve the right to modify or terminate the Service for any
reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason
at any time.
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.
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.
The Timmins App does not pre-screen Materials and it is in our sole
discretion to refuse or remove any Materials from the Service.
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.
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.
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
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
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
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.
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.
The Timmins App does not warrant that the Service will be uninterrupted,
timely, secure, or error-free.
The Timmins App does not warrant that the results that may be obtained
from the use of the Service will be accurate or reliable.
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.
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).
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
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.
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.
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.
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.
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.
Anything you upload remains yours and your responsibility.
8. Payment of Fees
By signing up for the Service, you agree to a 12 month contract minimum ("Contract Term") beginning upon commencement of the service.
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.
You will pay the Fees applicable to your subscription to The Timmins App business services (“Subscription Fees”) and any other
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.
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.
Fees for additional products suchs as Business Sponsored Giveaways and Boosted Content are due at the time of purchase of the additional products.
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
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
The Timmins App does not provide refunds.
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
By signing up for the Service you are eligible to offer Timmins App Digital Gift Cards.
Timmins App Gift Cards ("Gift Cards") are valid only for registered Timmins App Users. Gift cards are issued by The Timmins App.
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.
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.
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.
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.
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.
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.
You will receive the redeemed amount minus a 5% transaction fee.
Gift Cards don't expire.
10. Cancellation and Termination
You may cancel your Account at anytime after the initial Contract Term by emailing
firstname.lastname@example.org and then following the specific instructions
indicated to you in The Timmins App’s response.
Upon termination of the Services by either party for any reason:
The Timmins App will cease providing you with the Services and you
will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will
not be entitled to any refunds of any Fees, pro rata or
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
your business profile will be removed from The Timmins App.
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.
We reserve the right to modify or terminate the Timmins App Service
or your Account for any reason, without notice at any time.
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.
To initiate a cancellation, email email@example.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
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.
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
The Timmins App shall not be liable to you or to any third party for any
modification, price change, suspension or discontinuance of the
We may change or discontinue the service at anytime, without
12. Third Party Services
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.
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
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
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.
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.
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.
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
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
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 firstname.lastname@example.org. 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 email@example.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.
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.