Acceptance of Terms and Conditions. TimeTaggers (the System) is provided to you (USER or you) by TimeTaggers subject to the terms and conditions of this agreement (the Agreement).
Privacy Policy
Our Privacy Policy is comprehensive and appropriate and designed to protect your interests.
Your Obligations and Understanding for the Use of our TimeTaggers system
a) You agree to act in good faith towards TimeTaggers and our USERS. We reserve the right to deny you access at our discretion should the you not act in good faith in regard to your usage of our system.
b) TimeTaggers does not control or check content or links within a USER'S TimeTaggers system and takes no responsibility for content, services, offerings, claims, products or links displayed.
c) All Intellectual Property Rights in the TimeTaggers System remain with TimeTaggers.
d) You shall not breach, infringe or offend any laws, through your use of the TimeTaggers software or permit anyone else to do so.
e) You are not our partner or agent nor do you have the power or authority, directly or indirectly or through your servants or agents, to bind us to any agreement with a third party or otherwise to contract, negotiate or enter into a binding relationship for or on our behalf, except as provided by this agreement.
f) The USER may alter profile details at any time to keep it updated and accurate.
g) The User acknowledges that TimeTaggers have agreed to provide the System in reliance upon the disclaimers and limitations of liability, and the disclaimers of warranty set forth in this Agreement, that the same form an essential basis of the bargain between the parties, and that TimeTaggers would not have agreed to provide the System but for such disclaimers and limitations.
h) If applicable you must keep your and other usernames and passwords which provide access to your reservation system in a safe place. For security reasons we cannot replace or provide you with the same username again if it is lost or forgotten.
i) Your credit card will be billed on a 30 day cycle.
j) The subscription rates for reservation system charges and any associated charges are non refundable and may be altered at any time at TimeTaggers discretion. You will be emailed 30 days in advance with notification of any such changes affecting subscription rates for reservation system charges.
k) You are allowed to register any name as long as it is legally available to you. In the case of a dispute over a TimeTaggers registered name then TimeTaggers at its discretion will make the decision as to who should rightfully use the registered name. The User will make no claim on TimeTaggers for losses or any claim whatsoever arising from that decision.
l) TimeTaggers at its discretion reserves the right to suspend or cancel an account at any time.
m) Within 3 months of creating a multiple account Directory Page, one or more reservation systems must be attached or the account may be closed at our discretion.
Disclaimer of Warranties.
We shall not be liable to you for any loss or damage (including without limitation, consequential loss or damage) suffered by you whether arising directly or indirectly from the supply of any system under this agreement.
We shall not be liable to you or any third party;
a) For any reservation or payment disputed by any person;
(b) For any claims resulting from fraudulent use of System passwords or reservation System and / or
(c) Any breach of an agreement or offer between you and another USER.
(d) For any reservation and/or payment which was not fulfilled by another USER or you. In no event will we be liable to you or any User or other person for any remote, indirect consequential special or incidental damages, including without limitation, damages resulting from loss of data, loss of profits or business interruption, or cost of cover. This limitation will apply even if we have been advised of the possibility of such damages.
Without limiting any other provision of this agreement, you acknowledge that:
(a) performance of the System is dependent on a number of factors outside our control, including traffic and technical difficulties with the internet and servers and if in use the performance of the financial payments clearance system;
(b) the System is secure within certain technical boundaries which you have considered;
(c) there may be interruption or failure of the System;
(d) although all reservations are made in good faith they are still only a request to the USER of the reservation account and should be confirmed by a courtesy email or phone call. There is no guarantee that a USER will accept, be available for, or attend a reservation, or follow through to complete a reservation obligation for an item or person, and you agree that, without limitation, all liability to you or a third party may suffer due solely or in part as a result of one or more of these factors is your responsibility.
e) to the extent that this system contains links to outside services and resources, the availability and content of which TimeTaggers does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
The USER agrees to indemnify and hold TimeTaggers, its parents, members, subsidiaries, affiliates, channel partners, licensees, System providers, licensors, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to the User's use of the System, User's violation of this Agreement, or User's violation of any rights of another.
THE USER EXPRESSLY AGREES THAT USE OF THE TimeTaggers SYSTEM IS AT THE USER’S SOLE RISK. THE TimeTaggers SYSTEM IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TimeTaggers EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF USER ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TimeTaggers MAKES NO WARRANTY THAT THE SYSTEM WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TimeTaggers MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SYSTEM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SYSTEM. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SYSTEM IS AT THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE USER UNDERSTANDS AND AGREES THAT THE SYSTEM CANNOT BE MADE COMPLETELY SECURE AND THAT THE USER IS RESPONSIBLE FOR TAKING ALL STEPS TO PROTECT THE USER’S INFORMATION AND TO VERIFY THE ACCURACY AND SUCCESSFUL TRANSMISSIONS OF ANY INFORMATION TRANSMITTED VIA THE SYSTEM. TimeTaggers MAKES NO WARRANTY REGARDING ANY GOODS OR SYSTEM PURCHASED OR OBTAINED THROUGH THE SYSTEM OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM TimeTaggers OR THROUGH THE SYSTEM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability.
TimeTaggers SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILITY TO USE THE SYSTEM OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SYSTEM OR RESULTING FROM ANY GOODS OR SYSTEM PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SYSTEM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TimeTaggers HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modifications
If TimeTaggers releases any upgrades of TimeTaggers during the term of your subscription, the USER will be able to use the new upgraded version at no additional cost. Such upgrades shall be considered part of TimeTaggers and subject to all of the terms and conditions of this agreement unless otherwise indicated in any license agreement that accompanies such upgrade.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Should there be any changes to our subscription rates for reservation system charges you will be emailed 30 days in advance with notification of any such changes affecting subscription rates for reservation system charges. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. IF ANY MODIFICATION OR CHANGES TO BILLING CHARGES OR UPGRADE OF TIMETAGGERS IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN USING TIMETAGGERS FOLLOWING OUR POSTING OF A CHANGED TERMS AND CONDITIONS AGREEMENT ON OUR SITE OR NOTIFICATION OF CHANGED SUBSCRIPTION RATES FOR RESERVATION SYSTEM CHARGES AFTER 30 DAYS WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Cancellation of your TimeTaggers account
YOU MAY CANCEL AT ANY TIME BY USING THE CANCEL FEATURE UNDER OPTIONS ON YOUR TimeTaggers SYSTEM.
Sub-contracting
We may in our discretion sub-contract for the performance of this agreement or any part of this agreement.
Assignment
This agreement shall not be dealt with in any way by the USER (whether by assignment, sub-licensing or otherwise).
Variation and Waiver
No right under this agreement shall be deemed to be waived except by notice in writing signed by the USER and us.
Serviceability
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement shall remain otherwise in full force apart from such provision which shall be deemed deleted.
Governing Law
This agreement shall be construed in accordance with this laws of Manitoba and the Parties to this agreement submit to the jurisdiction of the Courts of Manitoba and the Commonwealth of Canada with respect to all matters arising under or relating to this agreement.
Execution Warranty
The persons executing this agreement for and on, our, and your behalf warrants that s/he have the authority to execute this agreement.
© Copyright 2012 TimeTaggers. All rights reserved.