Last Updated November 16, 2018
By using the Service in any way, you hereby agree to the TOU currently in force. If, at any time, you object and do not agree to the TOU, please immediately discontinue using the Service.
The Service is intended to facilitate and improve the online booking of legal time-based products such as services, rentals, and classes. For-profit businesses, non-profit and charitable organizations, and individuals are invited to use the Service.
You may not use the Service in an abusive manner. This includes any use of the Service that is not in accordance with the aforesaid purpose of the Service.
For your convenience, the following, non-exhaustive, list of activities are prohibited in association with the Service:
- Using the Service if it is not legal in the jurisdiction you are located in ("your jurisdiction");
- Violating any laws or third party rights in either Ontario or your jurisdiction;
- Using the Service if you are not able to enter legally binding contracts;
- Providing products or services that are not legal to provide in either Ontario or your jurisdiction;
- Interfering with the use of the Service by any other individual;
- Circumventing or otherwise manipulating any security measures we have taken;
- Communicating, publishing, or sending false, misleading, inaccurate, defamatory, libelous, or illegal content or personal information;
- Communicating, publishing, or sending unsolicited commercial messages;
- Distributing any software or malware intended to harm the rights or property of users of the Service;
- Infringing our intellectual property or the intellectual property of any user of the Service;
- Collecting, automated or otherwise, the personal information of users for any purpose;
- Creating, imposing, or causing an unreasonable load upon our servers or internet service provider;
We reserve the right to determine, at our sole discretion, whether the activity of any user is considered abusive.
Without limiting our right to rely upon any and all available remedies known to law, we may limit, suspend, or cancel user accounts and their use of the Service; limit, suspend, or cancel access to the Service to any specific or block of IP addresses; delete, remove, or modify any content; and more generally take any legal or technical steps to prevent or resolve abusive conduct.
The Service is provided under a variety of different subscription plans. We reserve the right to impose additional fees or charges including, but not limited to, subscription charges, success fees, commissions, or featured listing charges. These additional charges will of course only be prospective in nature - we will not charge additional fees retroactively. Under no circumstances will you be entitled to a full or partial refund of any payment made to us by you.
We are also entitled, at our sole and unfettered discretion and upon 30 days notice to you, to change and modify the features, services, capabilities, price, and any other aspect of any subscription plan, including your existing subscription plan. After said 30 days notice, unless we receive proper notice from you to the contrary, we are entitled to change and modify your subscription plan in the manner disclosed.
Users may elect to use the Service to take online payments through payment processors such as PayPal. In all circumstances, we serve only as an intermediary in respect of such payments. In other words, we only calculate prices, forward users to a payment page and attempt to track whether payments have been successfully made. At no point in time do we hold payments in escrow or in our own accounts, payments are made directly between users. Accordingly, refunds and changes must be addressed between users directly. FOR GREATER CERTAINTY, WE DO NOT ACCEPT ANY RESPONSIBILITY FOR PRODUCTS OR SERVICES NOT PROVIDED, FULL OR PARTIAL REFUNDS, OR RESOLVING ANY OTHER DISPUTE BETWEEN PARTIES USING OUR SERVICE TO COMPLETE TRANSACTIONS.
All material made available by us is copyrighted. This includes, but is not limited to, written text, images, graphic designs, webpage designs, and computer code. We hereby grant you a revocable license to create temporary electronic copies of copyrighted material only in conjunction with using the Service.
Moreover, features of the Service may be covered by patents we own. We hereby grant you a revocable license to use the subject matter of our patents, if any, only in conjunction with using the Service.
Further, you hereby grant us an irrevocable, perpetual, worldwide, royalty-free, and recursively sub-licensable license to copy, distribute, publish, modify, delete, translate, create derivative works therefrom, and otherwise use in any manner whatsoever any material submitted to us. This includes any file, text, photo, video, or audio-recording. You further irrevocably waive any claims to moral rights to any material.
No employment, joint venture, partnership, agency, contractor, or franchise relationship is created by the TOU. For greater clarity, you are not our employee, partner, agent, contractor, or franchisee.
Bookings facilitated by the Service are legal contracts between you and the other user(s) of the Service. We act only as an intermediary and shall not be considered a party to any contract.
We do not accept any responsibility for any representations or undertakings made by you through the Service.
As we provide the Service to facilitate contracts between third parties, you agree to not hold us responsible for the content, activity, or any other action, inaction, decision, indecision, failure, or breach of any legal right of another user of the Service. Moreover, we do not control, review, guarantee, or warrant the legality, quality, accuracy, truth, or enforceability of any listing, review, or contract.
Correspondingly, you remain responsible and liable for any damage you cause. This includes, without limiting the generality of this term, any damage or liability caused by your failure to provide a contracted product, failure to pay for a contracted product, libel, defamation, and infringement of intellectual property.
YOU ACKNOWLEDGE YOUR UNDERSTANDING THAT THE SERVICE IS PROVIDED "AS IS", AND WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY AND CONDITION OF MERCHANTABLE QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, SUPPLIER DOES NOT WARRANT THAT THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS, BE AVAILABLE NOW OR IN THE FUTURE, BE OF A MINIMUM QUALITY, OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, WE DO NOT PROVIDE ANY WARRANTY OR GUARANTEE WITH RESPECT TO THE SERVICE THAT WE PROVIDE.
You agree to not hold us liable for any damage, including, but not limited to, monetary loss, loss of revenue, profits or data (including due to a virus or otherwise), failure to realize expected savings, claims against you by a third party, loss of goodwill or reputation, and special, incidental, indirect, consequential, and punitive damages caused, directly or indirectly, by us whether under this Agreement or in any way related to the Service. These limitations will apply regardless of how the claim arises, including for breach of contract or negligence. We will also not be responsible for any failure to perform due to any events beyond our control (including failures of the Internet), nor any damage caused by the unilateral and immediate termination of the Service.
Notwithstanding the above disclaimer of liability, in the event we are held liable in a Court of Law, our liability shall be limited to the amount equal to the fees paid by you to us in the three months prior to the event giving rise to the liability, or if this amounts of zero, $100 per plaintiff or $500 to a class of plaintiffs.
You hereby release us, including our officers, directors, agents, partners, and employees, from any claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Service or a dispute with another user of the Service.
In the event you breach the TOU or any other legal obligation or right, you hereby indemnify us, including our officers, directors, agents, partners, and employees, from any claim or demand, including all consequential legal fees, made by a third party in connection with your breach of the TOU or any other legal obligation or right.
The Service is configured to send you notification emails in respect of events that affect your account. This may include when you make changes to your account, or when third-parties make changes (e.g. by booking an appointment with you). We may also occasionally email you to advise you of changes to our Service generally, or to bring promotions or other information to your attention. You hereby consent to receiving all such correspondence and emails from us. Should you wish to unsubscribe, you may contact us at email@example.com.
All notices to us shall be provided by registered mail to Suite 202 - 418 Eglinton Ave. W. Toronto ON M5G 1P7.
We shall provide you notice via your current email address on file. Notice shall be deemed to be given 24 hours after the email is sent.
If we so request, you hereby agree to resolve any claim, dispute, or controversy at law or equity that arises in conjunction with the Service or the TOU through mediation. Alternatively, we may request, and you must agree to if we so request, binding arbitration. The cost of mediation or binding arbitration will be equally shared by you and us. Jurisdiction The TOU shall be governed in all respects by the laws of the Province of Ontario and the applicable federal laws of Canada. Any claim or dispute against us must be brought in a court located in the City of Toronto, Ontario, Canada.
Further, all interactions with us are deemed to occur in the Province of Ontario. We do not operate in any other jurisdiction.
The parties exclude the operation of the United Nations Convention on Contracts for the International Sale of Goods.
Amobius Group Inc. is located at Suite 202 - 418 Eglinton Ave. W. Toronto ON M5G 1P7.
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Headings are for clarity and do not limit the scope or extent of corresponding text.
We reserve the right to enforce the TOU in any manner. Our failure to act in response to a breach by any user of the Service does not constitute a waiver of our right to subsequently act in response to a similar or equivalent breach.
The TOU sets out the entire understanding and agreement between us with respect to the subject matter hereof. The sections Purpose, Abusive Conduct, Fees, Intellectual Property, Legal Relationships, Liability, Release, Indemnity, Privacy, Notices, Dispute Resolution, and Jurisdiction survive termination.
We reserve the right to unilaterally modify, add to, or remove terms from the TOU.
Only to the extent permissible by law, any changes to the TOU are in force immediately upon publishing and it is your obligation to regularly review the TOU (at least every 30 days) to ensure you continue to agree with the published TOU.
Any joint modification to the TOU must be made in writing and signed and executed by both you and us.