TERMS OF USE AGREEMENT: USER



Thank you for using Pinpoint Lifestyle Concierge Services.

 

Your use of this internet site, www.pinpoint.ca, and all affiliated sites, mobile applications, and uniform resource locators (collectively, the “Site”) and any services or products offered on or through the Site (collectively, the “Services”) is subject to these Terms of Use (the “Terms”). The term “you” as used herein refers to all individuals and/or entities accessing the Site for any reason. If you do not agree to these Terms, you agree not to use or access the Services and the Site. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. Your registration for or use of the Site and the Services shall be deemed to be your agreement to abide by these Terms. Pinpoint Lifestyle Concierge Services (hereinafter referred to as “Pinpoint”, “We”, “Us”, or “Our”) may modify these Terms at any time (without notice to you) by posting revised Terms on the Site. Your use of the Site and the Services constitutes your binding acceptance of these Terms, including any modifications that We make. You are responsible for regularly reviewing these Terms for any changes or updates to these Terms, the Site, or the Services.

 

Pinpoint may provide a wide range of services on the Site, therefore, We may ask you to review and accept additional terms applicable to a specific app, product, or service (the “Supplemental Terms”). If these Terms conflict with any Supplemental Terms, the Supplemental Terms associated with the app, product, or service govern with respect to your use of such app, product, or service.

 

1.        License Grant

1.1        We hereby grant you a non-exclusive, non-transferable right to use the Site and the Services solely for your own personal or internal business purposes for a term (the “Term”) that continues until it is terminated in accordance with Article 3. You agree to solely use the Site and the Services, and agree to not share your Pinpoint account, username, password or any other login or registration information (collectively, your “Account”) with any other user. In addition, your login information and access to the Site and the Services may not be transferred to any other person.

2.        Eligibility

2.1        In order to create an Account, you must:

(a)        Be at least eighteen (18) years old;

(b)        Be able to enter into legally binding contracts under applicable law;

(c)        Complete the registration process provided by the Site;

(d)        Provide true, complete, and current contact information; and

(e)        Agree to these Terms.

2.2        By using the Site and the Services you represent and warrant that you meet all of the requirements listed above.

3.        Closure of your Account and Cancellations

3.1        Pinpoint may suspend or terminate your right to use the Site or any or all of the Services at any time and for any reason by providing written or email notice to you. Pinpoint may suspend or terminate your access to the Site and the Services at any time, with or without cause. Suspension or termination of access to an Account will also disable the functionality of all Services. Even after your right to use the Services is terminated or suspended, these Terms will remain enforceable against you.

3.2        If Pinpoint chooses to terminate these Terms as a result of an action that We believe is a breach of these Terms or any part of any Supplemental Terms, We shall have no liability to you to provide any access to the Account, data from the Account, or a refund for any outstanding monetary balance associated with your Account.

3.3        If Pinpoint suspends or terminates your right to use the Site or the Services you are prohibited from registering or creating a new Account. In addition to terminating or suspending your Account, Pinpoint reserves the right to take appropriate legal action against you.

3.4        You may terminate this Agreement at any time by ceasing all use of the Site and the Services. All sections of these Terms which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

4.        Account and Password Access Information

4.1       You are solely responsible to keep your Account login and password information confidential. You shall be solely liable for any activity that occurs under your Account.

4.2        We will accept the instructions of any individual who claims to be authorized to direct changes to your Account so long as they are logged in to the Account as a user with administrative permissions and perform those changes via the web interfaces OR if we are contacted via email or phone and provided with identifying information, as determined by Us in Our sole discretion, that adequately demonstrates they are a member of the organization listed in the Account, and indicates they have sufficient authorization to perform such a change.

4.3        In the case of a dispute of Account ownership, the person with access to the primary email address on the Account will be considered the account holder.

4.4        In all cases you agree to notify Us immediately of any unauthorized use of your Account or any other breach of security.

 

5.        Services & Pricing

5.1        Pinpoint is a concierge service that connects individuals like you (“Users”) who are seeking to procure Services with other individuals and businesses who are able to provide those Services (“Service Providers”). You must log in to your Account on the Site in order to make a request for Services, and Pinpoint will connect you with a Service Provider who is able to complete your request and provide you with an estimate of the cost for your Service (a “Quote”), which may be a fixed price or an hourly rate, and that it may provide that the Service Provider shall be reimbursed for out-of-pocket expenses incurred in completing the Service. The total amount provided in the Quote will be charged to your Account before the Service is performed.

5.2       Pinpoint is not responsible for the performance of Service Providers and takes no responsibility whatsoever for any acts or omissions of any Service Provider. Pinpoint makes no representations about the quality, timing or suitability of any Services obtained through or in connection with the Site. UNDER NO CIRCUMSTANCES WHATSOEVER WILL PINPOINT BE LIABLE FOR ANY DAMAGE CAUSED BY ANY SERVICE PROVIDER, AND YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD PINPOINT HARMLESS FROM ANY SUIT WHATSOEVER ARISING FROM YOUR USE OF THE SITE OR THE SERVICES.

5.3        Once the Service that you requested has been performed, the Service Provider will be responsible for informing Us through the Site that the Service is complete by submitting a “Completion Notice”.

5.4        When We receive a Completion Notice, an invoice will be sent to you through the Site (the “Invoice”). You are responsible for reviewing this invoice within 24 hours and must inform Us of any problems with the invoice within that time. 24 hours after the invoice is delivered to you through the Site you will be deemed to accept the amount provided in the invoice and agree that We may release payment to the Service Provider.

5.5       In the event that you have a dispute with one or more Service Providers, you agree that Pinpoint will not be a party to such dispute and you agree to release Pinpoint and all of its employees and agents from any liability in connection with such a dispute You agree that you will be solely responsible for resolving any dispute with the Service Provider directly and without Pinpoint’s involvement. If Pinpoint receives notice that you dispute the amount of an Invoice within the 24 hour period provided in Article 5.4 it will suspend payment of the Invoice for such period as you may require to resolve the dispute, provided that in no case will that period be longer than 30 days. At the end of 30 days, if Pinpoint has not received notice that the dispute has been resolved you agree that Pinpoint may pay the amount of the Invoice if Pinpoint so chooses in its sole discretion.

5.6        Once payment is processed, We will send you a request to review your Service Provider through the Site (a “Review Request”). If you choose to complete and submit the Review Request, you agree that any information submitted will form part of your Feedback (as defined herein) and that Pinpoint may use it in any manner that We decide in Our sole discretion.

5.7        While using the Site or the Services, you may be exposed to content that you find offensive, indecent, objectionable, or inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in Our sole discretion, infringe someone’s Intellectual Property Rights, violates this Agreement, or that is otherwise objectionable or offensive.

6.        Fees & Payments

6.1        You are solely responsible for all charges, fees, taxes arising out of any use of your Account by you or anyone else using your Account. Pinpoint reserves the right to modify any fees, provided notice is given either by email or through the Site.

6.2        All fees are listed and charged in Canadian dollars.

6.3        Pinpoint accepts Visa, MAstercard, and American Express. Users must provide their credit card number and other details (“Payment Method”) to Pinpoint in order to request Services and you agree that your Payment Method will be automatically charged whenever an Invoice is due and payable in accordance with Article 5.

6.4        We currently collect and remit sales tax as required from our customers located in Canada. We determine your location from the billing address provided when creating your Account. Prices quoted on the Site do not include taxes. Taxes will be billed in the same currency as other fees processed from your Account.

7.        Gift Cards and Vouchers

7.1        Company gift cards (“Gift Cards”) and vouchers or promotional codes (“Vouchers”) may be available from time to time and may be used to reduce the amount you have to pay in relation to an Invoice. You agree that such Gift Cards and Vouchers may not be used to pay any amount of an Invoice that is the result of a Service Provider’s out-of-pocket expenses or any applicable taxes.

8.        Intellectual Property Rights

8.1       All right, title, and interest in and to the Site, the Services, and any and all logos, designs, trademarks, and creative works on the Site and affiliated with the Services are and will remain Our exclusive property, and we maintain worldwide copyright rights, trade secret rights, and other intellectual property rights in such property (collectively, “Intellectual Property Rights”), even if We incorporate any of your Feedback (as defined below) into subsequent versions of the Site or Services. You will not use our Intellectual Property Rights (or anything that is confusingly similar to our Intellectual Property Rights) for any purpose.

8.2        All feedback, comments, and suggestions for improving the Site and the Services (the “Feedback”) that you provide to Us, and any contributions you make to the Site by posting content and communicating with other users via post or forms that may be available on the Site from time to time (“User Posts”), will be Our exclusive property. You hereby irrevocably transfer and assign to Us and agree to irrevocably assign and transfer to Us all of your right, title and interest in and to all of your Feedback and User Posts, including all worldwide Intellectual Property Rights therein. At Our request, you will execute documents and take such further acts as We may request to assist Us in acquiring, perfecting and maintaining Our Intellectual Property Rights and other legal protections for your Feedback and User Posts.

 

9.        Privacy

 

9.1        In order to obtain Services through the Site, you may be required to furnish personal information, including but not limited to your name, address, phone number, email address, and credit card number (“Your Information”). You understand that through your use of the Site and the Services you consent to the collection and use of this information.

9.2        Pinpoint may collect and store certain data about use of the Site and the Services on an aggregate or anonymous basis.

9.3        Pinpoint may share any or all of Your Information with certain of our Affiliated Parties (as defined herein) for the purpose of administering or enforcing these Terms, including but not limited to paying any Invoices that are due to any Service Provider.

9.4        Pinpoint will take commercially reasonable efforts to ensure the security of Your Information, but hereby expressly disclaims liability for any unauthorized access to or use of Your Information and any damages that may result therefrom.

10.       Registration Information

 

10.1       If We request registration information from you, you will provide Us with true, accurate, current and complete information. During the Term, you will promptly update your Account to keep it accurate, current, and complete. If We issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your Account and passwords. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

11.       Use of Mobile Devices

11.1        We currently provide Our mobile services for free, but you acknowledge that your mobile device carrier’s normal rates and fees will continue to apply.

12.       User Restrictions

12.1        You will be responsible for all activity occurring on your Account and will comply with all Applicable Laws (as defined herein).

12.2      If you choose a user name or upload content that, in Our sole discretion, is obscene, indecent, abusive or that might otherwise subject Us to public disparagement, scorn, or liability, We reserve the right (without notice to you) to automatically change your user name, delete your posts or other content from the Site, deny you access to the Site or the Services, or any combination of these options.

12.3       The technology and the software underlying the Site and the Services are owned by Us or Our Affiliated Parties. You agree not to copy, modify, create derivative works of, decompile, attempt to extract source code from, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in (or transfer any right to) the technology or any software underlying the Site or the Services. You agree not to modify the software underlying the Site in any manner or form or to use modified versions of such software.

12.4       Without limitation, you will not do any of the following on the Site:

(a)        defame, abuse, harass, stock, threaten, or otherwise violate the legal rights of others, including other users of the Site, and generally agree not to use the Site or Services for illegal purposes;

(b)        publish, post, upload, email, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content;

(c)        Transmit anyone’s sensitive information, including but not limited to anyone’s identification documents, financial information, or any confidential information, unless such information is being shared among your colleagues, employees, associates, affiliates, agents, officers, directors, or partners;

(d)        collect information from other users of the Site without their consent;

(e)        Transmit files that contain viruses, corrupted files, or any other similar software, programs or malicious code that may damage or adversely affect the Site, the Services, Our software, hardware, telecommunications equipment, or the operation of another person’s computer;

(f)        advertise or use the Services for any commercial purpose;

(g)        Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, chain letters, or other unsolicited messages;

(h)        restrict or inhibit any other user from using and enjoying any area within the Site or Services;

(i)        interfere with or disrupt the Site, the Services, and/or any associated software, servers or networks;

(j)        facilitate or encourage any violations of these Terms or any Supplemental Terms;

(k)        reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Site or the Services or any content therein; or

(l)        impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

 

13.       Service Communications

 

13.1       You understand and agree that the Site and the Services may include communication such as service announcements and administrative messages from Us or our associates, affiliates, agents, licensors, and partners (collectively, “Affiliated Parties”), including but not limited to Service Providers. You may not be able to opt out of receiving these service announcements and administrative messages while using the Site and the Services. You also understand that the Site and the Services may include advertisements.

13.2       You hereby expressly consent to receive commercial electronic messages (as defined in Canada’s Anti-Spam Legislation) from Pinpoint and any Affiliated Parties.

14.       Third Party Sites, Products and Services

14.1       The Site may contain links to other internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, of those sites. We have no control over sites that are not Ours, and We are not responsible for any use of such sites or content on them. Our inclusion on the Site of any third party content or link to a third party site is not an endorsement of that content or third party site.

15.       Indemnification

15.1       You hereby agree to indemnify, defend and hold Us and all of Our officers, directors, owners, employees, Affiliated Parties, suppliers, and licensors (collectively referred to in this Article 15, the “Indemnified Parties”) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim, including but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, arising out of:

(a)        your use of the Site and the Services;

(b)        any use or alleged use of your Account or your passwords by any person, whether or not authorized by you;

(c)        the content, quality, or the performance of content that you submit to the Site;

(d)        your connection to the Site;

(e)        your violation of this Agreement, or

(f)        your violation of the rights of any other person or entity.

 

15.2       You shall be responsible for compliance with all obligations imposed by any and all applicable provincial laws, federal laws, regulations, by-laws, foreign laws, directives, and any implementing or amending legislation as may be enacted from time to time before or during the Term (collectively, the “Applicable Laws”) and you shall indemnify and hold Us harmless from and against any third party claim against Us resulting from your violation (intentional or otherwise) of the Applicable Laws.

16.       Disclaimer

16.1       We are not responsible for the deletion, loss, damage, destruction, failure to store, misdelivery, or the untimely delivery of any information on the Site. We are not responsible for any service outages that are caused by Our maintenance on servers of the technology that underlies the Site or the Services, problems inherent in the use of the internet and electronic communications, failures of Our service providers (including telecommunications, hosting, and power providers), computer viruses, malicious use of our software or Site, natural disasters or other destruction or damage to Our facilities, acts of nature, war, civil disobedience or any other cause, whether or not beyond Our reasonable control.

16.2       The Site and the Services, Our software, content and other materials, are provided on an “as is, as available” basis. Any material that you obtain through the Site and the Services is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer system or loss of data that results from your download of any such material or use of the Site and the Services.

16.3       We do not make any warranties or representations that:

(a)        the Site or the Services will meet your requirements;

(b)      the Site or the Services will be uninterrupted, timely, secure, error free, virus free, or operate in combination with any other hardware, software, system or data;

(c)        any information obtained from the Site or from using the Services will be accurate or reliable;

(d)    the quality of any products, services, content, information, software or other materials that you purchase or obtain through the Site will meet your expectations; or

(e)        any errors you encounter while using the Site or the Services will be corrected.

 

16.4       We make no warranties, representations, guarantees or conditions of any kind as to title, non-infringement, merchantability, or fitness for a particular purpose with respect to the Site or any of its content, products, software or other materials available through the Site and used as part of the Services.

 

17.       Limitation of Liability

17.1       To the maximum extent permitted by Applicable Laws, we will not be liable for any direct or indirect, incidental, special, exemplary, punitive or consequential damages suffered by you in connection with or arising out of your use of the Services or the Site, its software, content or other materials, even if We have been advised of the possibility of such damages, including but not limited to, damages for loss of profits, goodwill, use or loss of any content submitted to the Site, passwords, or other intangible losses, resulting from but not limited to:

(a)        the use or the inability to use the Site and the Service;

(b)        alteration of, inaccuracies, errors or omissions in the information that you submit to the Site, transmissions or data; or

(c)     statements or conduct of any third party, including but not limited to any and all damages flowing from unauthorized third party use of the Site or the Services.

18.       Miscellaneous

18.1       Our failure to exercise or enforce any right available to us pursuant to this Agreement or Applicable Laws will not constitute a waiver of such right.

18.2       This Agreement is not assignable by you. Pinpoint may assign this agreement or any part thereof without giving you notice that it has been assigned and you will continue to be bound by all terms hereof.

18.3       This Agreement, including all terms, conditions, and policies that are incorporated into these Terms by reference, constitute the entire Agreement between you and Us and govern your use of the Site and the Services, superseding any prior agreements that you may have with Us.

18.4       This Agreement will be construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada. Any dispute under this Agreement will be adjudicated in the Courts of Nova Scotia, unless Pinpoint at its sole discretion elects to submit such dispute to arbitration under the Arbitration Act. In the event that arbitration is elected, you agree to submit to arbitration and not to pursue any proceeding whatsoever until such time as the arbitration is concluded.

18.5       If any part of this Agreement is determined to be invalid or unenforceable pursuant to Applicable Laws, the invalid or unenforceable provision will be severed and deleted from this Agreement. All other Terms which remain valid and enforceable will survive and remain in full force and effect.