» Terms & Conditions

Terms of Use – User


 

Last updated - Jan 4, 2016

 

Please review the following terms and conditions, which govern the use of the website PowerPik.com.


1. General Remarks

The website PowerPik.com (the “Website”) is owned and operated by JTTechnoSoft Inc. (the “Site Operator”) to provide a consumer centric, product oriented, poll based opinion tracking system , as described below, and other services.

This document sets out a legal agreement (the “Agreement”) that governs the use of the Website. Use of the Website constitutes agreement to follow and be bound by this Agreement.

This Agreement includes the Privacy Policy set out at http://www.powerpik.com/privacy-policy, which outlines the Site Operators policies relating to the collection and use of personal information.

The Site Operator reserves the right to modify this Agreement at any time in its sole discretion without prior individual notice. Any modifications to this Agreement will be posted on this website, and subsequent use the website constitutes an agreement to be bound by and comply with these modifications. Please review the Agreement with each use of the website. This Agreement was last modified at the “last updated” date that appears at the top of the Agreement. If you do not agree to these terms, please do not use this website.

The Website is intended solely for personal, non-commercial use, and is provided for informational purposes only.

The Website, and all materials on the Website, including text, images, illustrations, graphics, designs, icons, software, applications, music and sound files, photographs, commercials, video clips and other materials, and their selection and arrangement, and the copyrights, trademarks, domain names, trade dress and/or other intellectual property in such materials, are owned, or licensed by the Site Operator, with all rights reserved. The materials on the Website are protected by copyright and other laws. The materials on the Website may not be sold, modified, altered, copied, reproduced, extracted, displayed, distributed, or otherwise used in any way for any public or commercial use. Any reproduction of materials on the Website for personal, non-commercial use must retain all proprietary notices.

 

2. User Registration

In order to use some of the features offered on the Website, a user must register with the Site Operator for a user account (“Registered User”), which is a personal, non-commercial account. To create an account, a Registered User must provide required identification information and required contact information, including an email address. The Site Operator will validate the provided email address. The Registered User must provide complete and accurate information. A Registered User may not create a user account for anyone else. A Registered User may not create multiple user accounts. The Registered User is responsible for maintaining the confidentiality of its account password and the accuracy of information about its account. The Registered User is also responsible for all activities that occur in connection with its account. The Registered User agrees to notify the Site Operator immediately of any unauthorized use of its account. The Site Operator reserves the right to temporarily or permanently terminate a Registered User’s account at any time for any or no reason. By creating a user account, a Registered User agrees to receive certain communications from the Site Operator in connection with its services and the Website. The Site Operator will store all information received from the Registered User on servers located in Canada.

 

3. Product Pages

The Site Operator provides various services at the Website, including the display of one or more information pages containing information about a product or service provided by the Subscriber (“Product Page”). Each Product Page is associated with a business (the “Subscriber”).

The Subscriber is responsible for providing information about the business and product to the Site Operator, including text-based information, images and video links. The Site Operator makes no claims or promises about the quality, accuracy, security, safety, or reliability of the information on a Product Page. A user assumes all risks associated with the Subscriber’s Product Page, including reliance on its quality, accuracy, or reliability.

 

4. Point Reward System

To encourage Registered Users for better participation in opinion polls published at the Website, the Website offers a point reward system.

Any power points rewarded by the Website are only to encourage Registered Users for further participation in polls at the Website and only to indicate the number of times a Registered User is participated in polls published at the Website. The power points scored by Registered Users are clearly visible to Subscribers at the Website.

Power points rewarded by the Website do not have any monetary value or equivalent and not represent a promise, commitment or guarantee of any such benefit from the Website or Subscriber or Site Operator.

By registering at the Website, the Registered User understands and agrees that participation in a poll published at the Website is voluntary and not for any monetary or equivalent benefit in return.

 

5. Subscriber Communication with Users

Based on user ratings and/or other user related statistics, time to time a Subscriber may contact a Registered User, through a mechanism provided by the Website, with a communication seeking further opinion on their product, or with reward options such as free sample, free trial offer, mail-in coupon, or a web-link to their website for any additional coupons or offers. By submitting a review, comment or response to a choice poll associated with a Business or Product Page on the Website, the Registered User grants the Site Operator permission to forward a communication message, email or such sent by the Subscriber to the email address associated with the Registered User. The Registered User is responsible whether or not to reply or respond to the communication, and if replied, any action that reveals the Registered User's email address and other identification. The Site Operator is not responsible for lack of protection for the revealed Registered User's email address or identity in such a reply or response communication. The Site Operator is not responsible for any email abuse or such consequences once it is revealed by the Registered User to a Subscriber or user of the Website. The Site Operator is not responsible for the quality or accuracy of the mail content or consequences of any clickable links in the mail content sent or appeared to be sent by a Subscriber or Registered User of the Website.

 

6. User Submitted Reviews and Comments

A Registered User is permitted to submit a comment on or a review of a business or product associated with a Product Page. The Site Operator has the option to display the submitted comment or review on or in association with the Product Page.

The Site Operator has the option to use the submitted comments, reviews and poll results to calculate a rating associated with each Product Page, where the rating may be used for a variety of purposes, such as indexing the Product Pages for example.

The Site Operator reserves the right to allow a Subscriber to opt whether or not to display the comments, remarks and reviews submitted by Registered Users for its Product Page. The Site Operator also reserves the right to allow a Subscriber to download the comments, reviews and remarks submitted by Registered Users for its Product Page.

The Site Operator makes no claims or promises about the quality, accuracy, or reliability of the ratings, comments, and reviews. The Registered User is responsible for the contents of the review and comment. A Registered User may be exposed to liability if, for example, the review contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains private information; contains financial information; contains confidential information; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

The Site Operator may, at its sole discretion, decide to not display a review or comment on a Product Page, such as when a review contains unsuitable, unlawful or offensive material including the transmission or communication of images or text consisting of ethnic slurs, racial epithets, sexually explicit material, obscenities or any thing else that may be construed as illegally harassing or offensive to others based on an individual’s race, national origin, religion, sex, sexual orientation, colour, marital status, age or disability. The Site Operator reserves the right to remove, screen, edit, or modify the review or comment at the Site Operator’s sole discretion and without notice. For example, the Site Operator reserves the right to remove information that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. The Site Operator has no obligation to retain a review or comment and does not guarantee any confidentiality with respect to the submitted review or comment.

If a Subscriber believes that a submitted review or comment associated with their business or product is false or inaccurate then the Subscriber can submit a complaint about the review to the Site Operator. A notice of the complaint will be sent to an email address associated with the Registered User that submitted the review or comment requesting that the Registered User properly justify the review or comment with factual details. The Site Operator has the discretion to delete any review or comment, without notice. The Subscriber should not directly or indirectly contact, communicate with, threaten, or harass a Registered User who submitted the review or comment, and instead the Subscriber should submit a complaint about the review or comment to the Site Operator.

 

7. Business and User Information

The Site Operator does not control the content posted by Registered User and submitted by Subscribers and makes no representation or warranty regarding the quality, accuracy, security, safety, or reliability of the information available on or accessible through the Website. The Site Operator has no control over the truth, accuracy, quality, or legality of the information displayed on Product Pages including any representation made by a business or review made by a user.

 

8. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to Product Pages, reviews and other information. The Site Operator reserves the right at any time and its sole discretion and without prior notice to correct any errors, inaccuracies or omissions to the information on the Website.

 

9. Information Submitted Through the Website

The submission of information through this Website is governed by our Privacy Policy. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

 

10. Links to Other Websites and Services

The Website may contain links to other websites that are not maintained, controlled or created by the Site Operator. The Site Operator makes no representations about and has no responsibility for the linked websites, and does not endorse any linked website or the information appearing thereon. Links are provided solely for the convenience and information of this Website's users, and do not imply that the Site Operator endorses, is affiliated with or associated with such linked websites. The Site Operator recommends before using any third party website, review of such website’s own terms of use agreement and privacy policy.

 

11. Website Security

Subscribers and users are prohibited from violating or attempting to violate the security of this Website, including, without limitation:

  1. accessing data not intended for you, including logging into a server or account which you are not authorized to access,

  2. attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization,

  3. attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mail bombing" or "crashing",

  4. forging any TCP/IP packet header or any part of the header information in any e-mail or posting,

  5. disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede Site Operator’s ability to monitor or make available the Website;

  6. taking any action in order to obtain non-entitled services; and

  7. framing, scraping, data-mining, mirroring, extracting or collecting contents of the Website.

 

Violations of system or network security may result in civil or criminal liability. The Site Operator may investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting anyone who is involved in such violations.

 

12. Right to Change the Website

The Site Operator reserves the right, at any time, and without prior notice, at its sole discretion, to: modify, change, add, delete, restrict, suspend or discontinue this Website or any aspect of this Website (for example, any service, content, account, Product Page, or feature displayed on or offered through this Website, and including access to, or use of the Website); charge fees in connection with the use of this Website; modify and/or waive any fees charged in connection with this Website; and/or offer opportunities to some or all users and Subscribers of this Website. The Site Operator shall not be liable to users or Subscribers or to any third party for any modification, suspension or discontinuance of the Website, or for any service, content, feature or product offered through this Website.

If a Subscriber, Registered User, or other user does not abide by the Agreement, as determined by the Site Operator in its sole and absolute discretion, the Site Operator has the right to and may revoke privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce the Agreement, without warning or liability whatsoever. For example, we may suspend, cancel or terminate access to the Website (or any part thereof), account, and Product Page.

 

13. Disclaimer

Without limiting the foregoing, everything on the Website is provided “as is” and “as available” without warranties, representations and/or conditions of any kind, either express or implied, including, without limitation, warranties of title, implied warranties, representations or conditions of business quality, fitness for a particular purpose, or title and non-infringement of intellectual property. The Site Operator does not warrant that this Website or the servers making the Website available are virus free or free of other harmful components, or that the Website and its functions will be uninterrupted or error free, or that defects will be corrected. By providing a directory of Product Pages, information and materials on the Website, the Site Operator does not in any way promise that they will remain available. The Site Operator and its affiliates expressly disclaim any duty to update or revise the content of the Website, although we may modify the content at any time without notice. Use of the Website is at your sole risk, and users and Subscribers assume full responsibility for any costs associated with your use of this Website. The Site Operator and/or its affiliates shall not be liable for any harm, loss or damage of any kind related to your use or misuse of this Website, including, without limitation, in relation to correctness, accuracy, reliability, or otherwise.

 

14. Indemnification

Subscribers, Registered Users, and other users agree to defend, indemnify and hold the Site Operator harmless from and against any and all claims, damages, loss, costs and expenses, including attorneys' fees, arising from or related to their use or misuse of the Website and/or their breach of any representation, warranty, or other provision of the Agreement.

 

15. Choice of Law and Jurisdiction.

This Agreement shall be construed in accordance with the laws of Ontario and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario.

 

16. General

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of the Site Operator’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unlawful, void or unenforceable for any reason, that provision shall be severable, and will not affect the validity and enforceability of all other provisions, which shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of this Website.

 

17. Termination

These terms are effective unless and until terminated by the Site Operator. The Site Operator may terminate this Agreement at any time without notice, and accordingly may deny access to this Website, for any reason or no reason. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

 

18. Contact

Any questions concerning the Agreement should be directed to: Please click here

 

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