Updated February 1, 2024
In this document, referred to as the Terms & Conditions (the “Terms”), the terms “we,” “us,” and “our” refer to Blinc Today Inc. (”Blinc”). Conversely, “you” and “your” are used to denote an individual who accesses and uses our services via a digital device on our website. These Terms are designed to manage and define the rules surrounding your use and access of both the Website and the Services.
Before you can utilize the Website and avail of the Services, it’s imperative that you thoroughly read and accept these Terms, which constitute a legally enforceable agreement between you and us. By proceeding, you affirm that (i) you have attained the age of majority as per your local jurisdiction, and (ii) you have read, understood, and agreed to abide by these Terms. The Terms come into effect on the date you acknowledge your agreement electronically. Access to the Website and use of the Services is contingent upon your acceptance of these Terms.
You are encouraged to keep a record of these Terms for your reference. This can be achieved by either printing or saving a digital copy using your browser’s respective functionalities.
It is important to note that, unless explicitly stated within this document, these Terms do not supersede or modify any other existing or future agreements you may have with us, especially those pertaining to the collection, usage, and sharing of your personal data. All terms and conditions of any other agreements you have with us remain in full effect.
Within the scope of these Terms, “Services” refers to the range of features, functionalities, content, and information made available by us through the Website. This also encompasses services offered by various Service Providers and Third Parties.
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It’s important to note that certain Services may be delivered wholly or partially by Service Providers and Third Parties. Please be aware that the Services and the Website may not always be accessible. Additionally, the availability of certain functionalities, features, content, or information may vary and is subject to change.
Please note that our company is not a legal practice, and we do not offer legal or any other form of professional counsel or opinions through the Website or in conjunction with the Services. The purpose of the Services and the Website, along with any information or content included therein, is purely informational. We strongly recommend that you obtain professional legal or advisory services by engaging with a qualified lawyer, accountant, or another relevant expert. Engaging with or accessing the Website and the Services does not establish a lawyer-client relationship or any other fiduciary relationship.
The pricing details for accessing the Services offered on the Website are detailed on our dedicated page at www.blinc.today/pricing. Please note that all fees are subject to applicable taxes. For payment processing purposes, we collaborate with Stripe Inc. Prior to utilizing the Services, it is mandatory for you to review and agree to their terms and conditions, available at https://www.stripe.com. As our Services evolve, there may be changes to our fee structure. In such cases, we will notify you of any fee adjustments, consistent with the notification procedures outlined in these Terms. All prices are stated in Canadian dollars. Additionally, you are solely responsible for all expenses, fees, data plans, and associated charges incurred through your use of any Devices, and these costs are not eligible for reimbursement by us.
Our contact details are readily available on our website for your convenience. We will use the contact information you have provided through the Website to communicate with you and to send notices and reminders primarily via email. It is your responsibility to ensure that your email address is current and accurate. Failing to update your email address may lead to difficulties in completing the signup process or in reaching you for other purposes. If you prefer not to receive promotional emails from us, you have the option to opt-out by unsubscribing through the provided email mechanism. However, opting out of promotional communications will not affect the way we communicate with you regarding non-promotional matters related to the Services.
We reserve the right to suspend or terminate your access to the Website and the Services without prior notice, and at our discretion, for any reason, including but not limited to the termination of these Terms in part or in their entirety. Such actions may be taken for reasons such as: (i) any breach or suspected breach of these Terms, including, but not limited to, non-payment of due fees; and (ii) conduct we deem unlawful or inappropriate, including but not limited to the misuse of the Website and the Services. Additionally, we may choose to suspend or terminate your access to the Website and the Services, or end these Terms in part or whole, for our own convenience, provided that we give you a 14-day notice in advance. We bear no responsibility for any loss or inconvenience you may suffer as a result of such suspension or termination.
Should you wish to discontinue your use of the Website and the Services and terminate these Terms, you may do so by reaching out to us using the contact information listed in the “Communication” section of these Terms.
Notifications to you can be delivered via the Website or in accordance with the procedures outlined in the “Communication” section of these Terms. We reserve the right to modify (which includes adding, removing, or altering) any aspect or feature of the Services at our discretion, without the obligation to notify you in advance. Subsequent to any such modification, these Terms will remain applicable to the entirety or specific portions of the Services. Your continued use of the Website or access to the Services following our announcement of a change will be interpreted as your acknowledgment and acceptance of the updated version of these Terms.
To access the Services, it is mandatory for you to use specific Login Credentials. By using these Credentials, you authorize us to acknowledge any instructions as if they were directly issued by you, and you agree to bear responsibility for them. Such instructions will be considered legally equivalent to written directives personally signed by you. The confidentiality of your Login Credentials is your responsibility, and they should not be disclosed to any third party. We are not liable for any losses that might occur as a result of the mishandling or unauthorized sharing of your Login Credentials. In using the Website and accessing the Services, you commit to safeguarding all confidential information, ensuring it is not disclosed to anyone but us. This includes precautions like preventing others from viewing your Device screen.
Additionally, you are expected to:
While we engage Service Providers and Third Parties to assist in delivering or supporting the Services, we neither endorse nor are affiliated with any non-Blinc entities. When you use the Website and access the Services, please adhere to the following guidelines:
Be aware that your use of any Third Party Services is at your own risk and may be governed by their terms and privacy policies. These services are provided “as-is” and we disclaim all warranties related to Third Party Services. Service Providers hold all rights, including intellectual property, to their services, trademarks, and logos displayed on the Website and in the Services.
These Terms do not grant you any rights to use Service Provider Services or their trademarks beyond what is explicitly permitted.
We, along with Third Parties and Service Providers, may use the information and content you provide to generate and share statistical and operational reports about the Website and Services. In such cases, your personal information will not be individually identifiable in these reports.
We provide you with a non-exclusive, non-transferable, single-user license to use the Website as per these Terms. We reserve the right to limit, suspend, or terminate your access to the Website and Services, or both, at our discretion. We may also terminate these Terms with notice to you. Upon termination, you must destroy all Website materials and documentation in your possession. This license is not assignable by you without our written consent.
We retain all ownership rights, including copyright, in the Website. You agree not to copy, reproduce, reverse engineer, or distribute the Website, and not to disclose it to Third Parties. We are not obligated to provide any support, maintenance, or training for the Website.
All intellectual property on the Website, including trademarks, logos, texts, images, and other content, is owned by Blinc or our licensors. Without our express written permission, these materials may not be used beyond personal, non-commercial purposes, such as viewing, printing, or storing electronic copies in line with these Terms. These Terms do not grant you any rights to use our intellectual property, or that of Blinc companies or Service Providers, beyond these limitations.
The Website and Services are provided “as is” and “as available” without any representations or warranties, express or implied. This includes disclaiming implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You are responsible for all information or content provided through the Website, Services, and Third Party Services. We are not liable for any loss, damage, or inconvenience arising from the use of these platforms, any instructions associated with your Login Credentials, or any products or services obtained from us or third parties. This includes direct, indirect, incidental, or consequential damages, loss of data or profits, and business interruption, regardless of the cause of action or our awareness of potential damages.
Furthermore, we are not liable for issues arising from third party actions, data inaccuracies provided by you, system malfunctions, unsecured communications, access issues to the Services, or your failure to comply with these Terms or our instructions.
By using the Website and Services, you agree to release and indemnify us against any claims, costs, and liabilities arising from your use of the Website, Services, and Third Party Services, or from your breach of these Terms.
Our documents and data, including those of any Service Providers, whether used by them or us, in relation to the Website or the Services, are final and conclusive. This includes documents and data pertaining to the retrieval, consolidation, organization, and presentation of information. Such records shall be admissible as evidence in legal, administrative, or other proceedings, with electronic data and records considered as conclusive proof of their contents, akin to original paper documents. By agreeing to these Terms, you waive any right to contest the introduction of these electronic data or records as evidence.
Additionally, these Terms and any associated conditions, instructions, or documents may be accepted electronically, and such acceptance is legally binding between you and us. The validity or enforceability of these Terms and related documents will not be disputed on the grounds of them being electronically accepted or signed.
Should any part of these Terms be deemed invalid or unenforceable, it will not impact the validity or enforceability of the remaining provisions. Our failure to insist upon or enforce strict compliance with any part of these Terms does not constitute a waiver of any rights or provisions under these Terms. Additionally, neither any course of conduct between us nor any trade practice will modify these Terms.
These Terms are subject to, and governed by, the laws of the Province of Ontario and the applicable federal laws of Canada. Both you and we agree to the exclusive jurisdiction of Ontario courts for resolving any disputes or matters arising from these Terms.