TIMECOUNTS TERMS OF SERVICE

TIMECOUNTS INC. (“TIMECOUNTS”/“WE”/ “US”) OWNS AND OPERATES THE WEBSITE LOCATED AT TIMECOUNTS.ORG (THE “WEBSITE”), WHICH ENABLES USERS (“USERS”/“YOU”) TO USE OUR PLATFORM TO CONNECT WITH EACH OTHER, FIND ORGANIZATIONS AND OPPORTUNITIES OF INTEREST, VOLUNTEER TIME AND MANAGE COMMUNITIES (THE “SERVICES”). THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. IMECOUNTS INC. (“TIMECOUNTS”/“WE”/ “US”) OWNS AND OPERATES THE WEBSITE LOCATED AT TIMECOUNTS.ORG (THE “WEBSITE”), WHICH ENABLES USERS (“USERS”/“YOU”) TO USE OUR PLATFORM TO CONNECT WITH EACH OTHER, FIND ORGANIZATIONS AND OPPORTUNITIES OF INTEREST, VOLUNTEER TIME AND MANAGE COMMUNITIES (THE “SERVICES”). THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE.

BY CREATING AN ACCOUNT THROUGH THE WEBSITE OR OTHERWISE USING THE SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES.

THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY TIMECOUNTS FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF SERVICE.

IN ORDER TO USE THE SERVICES, YOU MUST REGISTER WITH US AND PROVIDE CERTAIN INFORMATION. FOR INFORMATION ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE THE TIMECOUNTS PRIVACY POLICY, THE TERMS OF WHICH ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH OUR PRIVACY POLICY, DO NOT USE OUR WEBSITE OR SERVICES.

What is Timecounts?

Timecounts is a website used by Organizations comprised of members who share common interests. Organizations are managed and moderated directly by administrators and/or by Timecounts. Each Organization may have specific rules that are not created by Timecounts and are not reviewed or controlled by Timecounts. For example, some Organizations may be private and by invitation only, and others may be public on the Website and freely accessible by any member. However, if there is any discrepancy between specific rules in an Organization and these Terms, these Terms will govern in all matters. If you are concerned about any specific rules in a Organization, you may contact Timecounts to seek clarifications. Our contact information is at the end of these Terms.

Registering as a User

You must be at least 13 years old to register for the Services as a User. In order to register for the Services you must provide your name, email address, and additional information required by the organization that you are affiliated with. Any personal information provided by You to us will be stored in accordance with the Timecounts Privacy Policy, which You should read carefully. We ask that to provide your real name when creating a Timecounts account. You will be solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information as needed. Here are the commitments Users make to us relating to registering and maintaining the security of their account:

  1. Users will not provide any false information on Timecounts.
  2. If we disable a User’s account, they will not create another one without our permission.
  3. Users under 18 are only permitted with a parent or legal guardian's supervision (including that parent or guardian agreeing to these Terms of Service and our Privacy Policy on behalf of the User).
  4. Users’ contact information should be accurate and up-to-date.
  5. Users will not share passwords, let anyone else access their account, or do anything else that might jeopardize the security of their account.
  6. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Organizations

An "Administrator" is someone who creates an Organization on the Website and/or is given the role of administrator for a Organization. Administrators (also referred to as “collaborators” or “owners” within the website) are in charge of managing and moderating their hub including content and members. Administrations have discretion over who joins their Organization (for example, they may elect to only allow people within a reasonable distance of the Organization’s epicenter to join). Administrators should act fairly when managing and establishing criteria for their Organization. Additionally, Administrators may not charge their Users any kind of fee to use Timecounts. Administrators may remove content they deem inappropriate, illegal or against Timecounts' Terms of Service.

Conduct Guidelines

In using the Services you agree that you will:

  1. Provide accurate information when registering and keep such information up to date;
  2. Keep your user login details and access to the Website secure. We will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account or use. Please contact us immediately if you suspect or become aware of any unauthorized use of your email login or password or any other breach of security; and
  3. Treat the other users of the Services with whom you interact with respect and not engage in any conduct which is threatening, harassing or otherwise harmful to other users or third parties, or do anything that breaches the general User conduct guidelines in Section 6 below. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or the restrictions in Section 5 below;
  4. Agree not to upload any content or create any User Groups, events that are harmful, abusive, constitute hate speech, or are harassing, discriminatory or otherwise objectionable and harmful to other Users and/or the public;
  5. Comply with these terms and all applicable laws and regulations at all time during Engagements and during other dealings with Timecounts.

Timecounts Inc. reserves the right to terminate your access to and use of the Website and Service at any time for breach of the foregoing restrictions.

Conduct on the Website Generally

In using the Website and Service You agree that You will not:

  1. copy or distribute any part of the Website without our prior consent;
  2. alter or modify any part of the Website;
  3. upload, post, email, transmit or otherwise make available on the Website or through the Service: any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable, any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm any person in any way; any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any User or visitor to the Website or that compromises any person’s privacy;
  4. impersonate any person or entity or misrepresent Your affiliation with a person or entity;
  5. interfere with or disrupt the Website or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  6. collect or store personal information about other users (unless they are members of your organization); or
  7. resell the content of the Website, the use of the Website or access to the Website or the content of the Website.

Other Users’ Conduct

We are not responsible for the behaviour, acts or omissions of Users of the Services, including any content that is uploaded to the Website and any groups or events that are created through the Website and/or Services. If you feel that another User has threatened, harassed or otherwise acted in an inappropriate manner, you may notify us of this conduct through the help center or emailing support@timecounts.org. We will take appropriate steps as necessary to review and respond to your complaint.

Electronic Communications.

When you contact us by sending emails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

End User License.

The Website and the information and materials contained therein (except for information and material provided by users of the Services), are the property of Timecounts and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms of Service, we grant you a non-transferable, non-exclusive, license to use the Website for your personal use. Nothing in the Terms of Service gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the Services under without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms of Service.

DISCLAIMER

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE FEATURES, FUNCTIONALITY, INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, TIMECOUNTS DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT:

  1. THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE;
  2. THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE;
  3. DEFECTS WILL BE CORRECTED, OR
  4. THIS WEBSITE OR THE TECHNOLOGY (S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIMECOUNTS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. TIMECOUNTS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND TIMECOUNTS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL TIMECOUNTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM

  1. YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE,
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES
  3. ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE,
  4. PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR
  6. ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF TIMECOUNTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TIMECOUNTS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE TOTAL OF ANY AMOUNTS YOU HAVE PAID TIMECOUNTS IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Release

Because Timecounts does not supervise or control interactions between Users, and because Timecounts does not screen or monitor Organizations or User events, and because Timecounts cannot guarantee the true identity, age, or nationality of Users, and because Timecounts has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website You agree that You bear all risk and you agree to release Timecounts (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website, Your third party transactions and in connection with Timecounts’ resolution of any disputes between Users. You further waive any and all rights and benefits otherwise conferred by any statutory or nonstatutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

Payment Obligations.

For Customers that purchase our Services, fees are specified in settings. Prices of all Services, are subject to change upon 30 days notice from Timecounts. Such notice may be provided at any time by posting the changes to the Website. All fees are charged in USD. If you do not wish to use the Services after a fee has been introduced, you should stop using the Services and close your account. A valid credit card is required for paying accounts. You authorize us to store via Stripe, and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new Services. You must pay us for applicable fees and taxes unless you cancel the service, in which case you agree to still pay these fees through the end of the applicable subscription period. Payment is billed in advance or on an annual or monthly basis, depending on the subscription chosen by the Administrator. All payments are non-refundable. There will be no refunds or credits for partial months of using the Service, or refunds for months unused with an open account.

Cancellation and Termination.

You are solely responsible for properly cancelling your account, by using the settings in your account. We may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website, Services or portions thereof. Cause for such termination shall include, but not be limited to: breaches or violations of these Terms of Service or any other agreement that You may have with us (including, without limitation, non-payment of any fees owed in connection with the Services or otherwise owed by You to us); requests by law enforcement or other government agencies; a request by You; discontinuance or material modification to the website (or any part thereof); unexpected technical, security or legal issues or problems; and/or participation by You, directly or indirectly, in fraudulent or illegal activities. You acknowledge and agree that all terminations may be made by Timecounts in its sole discretion and that Timecounts shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these Terms of Service by Timecounts shall be in addition to any and all other rights and remedies that Timecounts may have. Upon Termination of these Terms You are responsible for settling accounts and remitting to Timecounts all amounts due and payable in connection with the Services.

Security

Information sent or received over the Internet is generally insecure and Timecounts cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.

Feedback: Website and/or Service.

If You provide Timecounts with any suggestions, comments or other feedback ("Feedback") relating to the Website and/or Service, Timecounts may use such Feedback in the Website or in any other Timecounts products or services (collectively, "Timecounts Offerings"). Accordingly, You agree that: (a) Timecounts is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Timecounts, (c) Timecounts (including all of its successors and assigns and any successors and assigns of any of the Timecounts Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Timecounts Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Timecounts.

Links to Third-Party Websites.

This Website may contain links to other websites that are not owned or controlled by Timecounts. These links may be provided by Timecounts or by Users and communities on the Website. Timecounts is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-Timecounts websites does not imply that Timecounts endorses or accepts any responsibility for the content or use of such websites. The presence on the Website of a link to any other website(s) does not imply that Timecounts endorses or accepts any responsibility for the content or use of such websites, and You hereby release Timecounts from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

Copyright and Trademark Information.

This Website, and the information and materials that it contains, are the property of Timecounts and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Timecounts product names and logos are trademarks or registered trademarks. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Timecounts. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

Changes to the Service or Website.

Timecounts reserves the right to alter, suspend or discontinue this Website and/or the Service at any time and for any reason or no reason without any liability to You. In such cases, Timecounts will endeavour to give notice of such changes on the Website. The Website may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Timecounts may periodically add or update the information and materials on this Website without notice.

Assignment.

You may not assign your account or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Timecounts’ prior written consent. Timecounts may assign the Terms of Service, or any rights or licenses granted hereunder, at any time without notice.

Governing Law.

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any principles of conflicts of law. Any legal action or proceeding between us and You shall be brought exclusively in a court of competent jurisdiction located in Ontario, Canada.

Enforcement of Terms.

If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Timecounts to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Timecounts must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Timecounts of any provision of these Terms of Service shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website or Your use of this Website or the Service must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Service.

UPDATES

THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY TIMECOUNTS FROM TIME TO TIME WITHOUT NOTICE AND THE MOST RECENT VERSION WILL BE POSTED ON THE WEBSITE. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE WEBSITE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF SERVICE.

Contacting Timecounts

Please also feel free to contact us if you have any questions about Timecounts’ Terms of Service. You may contact us at support@timecounts.org or at our mailing address below:

Timecounts Inc.
215 Spadina Avenue,
Suite 400 Toronto,
Ontario,
Canada
M5T 2C7

Last Updated: March 13, 2018