» Subscriber Terms & Conditions

Terms of Use – Business Subscriber


 

Last updated - Mar 4, 2020

 

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



1. General Remarks  - Subscriber

The website PowerPik.com (the “Website”) is owned and operated by JT TechnoSoft Inc. (the “Site Operator”) to provide a consumer-centric brand opinion and product review 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, displayed, distributed, extracted, or otherwise used in any way for any public or commercial use. Any reproduction of materials on the Website for personal use, non-commercial must retain all proprietary notices.




2. Business Registration - subscriber

A business account is an account to be used solely for the purpose of representing a business (the “Subscriber”), a legally registered business organization, that is authorized to display the business's products on the Website and seek consumer opinions and reviews on business and business's products, as described below. The Subscriber registers with the Site Operator for a business account by providing required identification and contact information, including business address, city, country, phone number, fax number, mobile number, and an email address in order to identify the business, and publish identification on the Product Page, and receive any enquiries and communication from the Site Operator. To create or update a business account, the Subscriber, through an authorized representative of the Subscriber, must provide complete and accurate information about the representative and the Subscriber. The Subscriber must provide an accurate email address that it is authorized to use in association with the business. The Subscriber is responsible for maintaining the confidentiality of its account password and the accuracy of information about its business account. The Subscriber is also responsible for all activities that occur in connection with its account. The Subscriber 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 Subscriber’s account at any time for any or no reason. In any case, any subscription fee will be non-refundable. By creating a business account, the Subscriber agrees to receive certain communications in connection with the Website. The Site Operator will store all information received from the Subscriber on servers located in Canada.



3. Product Page

The Website Operator provides various services at the Website, including the display of one or more information page containing information about a product or service provided by the Subscriber (the “Product Page”). Each product page is associated with a business (the "Subscriber"). A Product Page may display informational material about a Subscriber on the Website, including identification information and product images and videos provided by the Subscriber. A Product Page may also display reviews and comments associated with the Subscriber that are received by the Site Operator from Registered Users of the Website.

The Site Operator will index each Product Page based on various criteria, which may include business category, product category and location. The Product Page is for informational purposes only and the Product Page is not a platform for e-commerce transactions.

The Subscriber must select a service plan and pay an associated subscription fee. The Site Operator reserves the right to change the service plans and subscription fees without prior notice. Any changes to the service plans and subscription fees will affect future subscription purchases and renewals.

The Subscriber is responsible for providing information about the Subscriber’s business and the product information including image or video link to the Site Operator for their Product Page. Once the Product Page is published, it may not be possible to withdraw the Product Page within any particular time period. The Subscriber may update the information to be displayed on the Product Page. Such updates will be applied to the Product Page in accordance with the practices of the Site Operator. The Subscriber is responsible for providing identification information and product information that to be displayed on the Product Page. The Subscriber may indicate what product category and location the Product Page should be indexed by in the product listings, although the Site Operator will make the determination of business/product categories and other indexing criteria.

The Subscriber assumes all risks associated with the Subscriber’s Product Page, including any reliance by any user of the Website on its quality, accuracy, or reliability, or any disclosure of personal or business information in the Product Page. The Site Operator makes no claims or promises about the quality, accuracy, security, safety, or reliability of the information on a Product Page. The Subscriber represents that it owns, or has the necessary permissions to use and authorize the use of the text-based information and the product image and the video link provided to the Site Operator for its Product Page. The Subscriber may not imply that the Product Page is in any way sponsored or endorsed by the Site Operator.

The Subscriber may be exposed to liability if, for example, the Product Page 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 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, remove any Product Page that 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, color, marital status, age or disability.

The Site Operator may use the Product Page and the text-based information and the image or video link provided to the Site Operator in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, displaying it in whole or in part in conjunction with advertisements, creating derivative works from it, promoting it, displaying an index to it, and distributing it in connection with the operation of this Website. As such, the Subscriber hereby irrevocably grants the Site Operator a world-wide, non-exclusive, royalty-free, transferable right to use the Product Page and the text-based information and the image and the video link provided to the Site Operator for any purpose in connection with the operation of this website. The Subscriber also irrevocably grants the users of the Website the right to access the Product Page, the text-based information and the image and the video link in connection with their use of the Website. Finally, the Subscriber irrevocably waives, and causes to be waived, against the Site Operator and its users any claims and assertions of moral rights or attribution with respect to the Product Page and the text-based information and the image and the video link provided to the Site Operator, where "use" means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works.

The Site Operator may make the Product Page available via a directory of Product Pages. A Subscriber may link their Product Page onto a third party website provided that the Subscriber does not suggest that the Site Operator promotes or endorses any third party causes, ideas, websites, products or services, including your Product Page, product and business.

The Site Operator reserves the right to remove, screen, edit, or reinstate text-based information and the image or video link provided by the Subscriber for the Product Page from time to time 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 or provide a Subscriber with copies of the provided text-based information and the image and the video link, nor do they guarantee any confidentiality with respect to the provided text-based information and the image and the video link.



4. Subscriber communication with Users

Subscriber account at the Website will include a mechanism for Subscriber to send a communication message or email to one or more Registered Users of the Website. The mechanism will forward the Subscriber's communication message to one or more Registered Users of the Website without revealing the Subscriber's registered email address. The Subscriber is responsible for the message or email content. The Subscriber is responsible for any abuse involving the message functionality for any illegal purposes. The Subscriber may be exposed to liability if, for example, the communication message or mail contains any material that is false, unlawful, intentionally misleading, defamatory, violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or intellectual property or proprietary right, or contains any 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 provide or forward a communication message or mail sent by Subscriber to Registered Users of the Website, such as when the message or mail 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 anything else that may be construed as illegally harassing or offensive or others based on an individual's race, national origin, religion, sex, sexual orientation, color, marital status, age or disability. The Site Operator reserves the right to remove, screen, edit, or modify the communication content at the Site Operator’s sole discretion and without notice. The Site Operator has no obligation to retain a communication message or email and does not guarantee any confidentiality with respect to the provided message or mail.

 



5. User Submitted Reviews and Comments

Registered users of the Website are permitted to submit reviews and comments about a business or product associated with a Product Page. The Site Operator has the option to use the reviews and comments to calculate a rating associated with each Product Page. A Product Page may be indexed by its associated rating and displayed in the directory of Product Pages based on its associated rating. The Site Operator has the option to display the submitted reviews and comments in association with the Product Page. The Site Operator makes no claims or promises about the quality, accuracy, or reliability of the ratings, comments and reviews.

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

The Site Operator reserves the right to terminate or remove a subscription and/or product page without a fee refund if its business owner/subscriber is reported and/or proved to be asking, buying or offering to buy a customer review or rating for its own or other business listed on the Website.

The Site Operator reserves the right for how long the user submitted reviews, ratings, and comments for a Product Page will be retained and made available to the Subscriber. However, the Subscriber is permitted to download the user ratings, reviews, comments and other statistical data, if any, associated with its Product Page during a valid and permitted period of the Subscription.



6. Payment

The Subscriber must pay a non-refundable subscription fee using the PayPal payment service, and payment of the non-refundable subscription fee is governed by the policies of the appropriate payment agency or service.



7. Business and User Information

The Site Operator does not control the content posted by users 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 or comment 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, comments, 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 or 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), Subscriber 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

Users and subscribers 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:


Email: Please click here



 

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