TERMS OF USE
This Website Terms of Use is a unilateral contract with the User which comes into effect at such time as a User accepts its terms by entering and using the website. These Terms of Use are intended for use on a fully interactive website which includes an e-commerce component and which collects personal information for the purpose of carrying on its business. These Terms of Use also address the requirements of a website which allows for User created intellectual property to be posted and shared on the website and for other users to comment on posted content. These Terms also provide for inclusion of an advertising component as well as “hot links” to minted third party websites.
The primary purposes of such a policy are to:
(1) set out the responsibilities of potential users of the site from a technical perspective, addressing in particular prohibited behaviour such as hacking, spam and other similar practices having for effect the impairment or disabling of functionality of the website;
(2) set a minimum standard for the use and posting of materials including copyrighted materials;
(3) disclose the role of the website owner/operator and disclaim liability for the actions of users of the website, including for invasion of privacy, infringement of intellectual property rights, damage or destruction to user computer equipment.
Acceptance
By using any Mighty Tidy Business Inc. related software, or by using or visiting the mightytidybusiness.com website (collectively the “Website Service”), you agree to both these Terms and Conditions (“Terms of Use”) and the Terms and Conditions of the Mighty Tidy Business Inc. Privacy Policy, which are incorporated herein by reference. If you do not agree to any of these terms, please do not use the Mighty Tidy Business Inc. Website Service. These Terms of Use apply to all users of the Mighty Tidy Business Inc. Website Service, including users who are contributors of video content, information, and other materials or services on the Website.
Website Access
Mighty Tidy Business Inc. hereby grants you permission to use the Website Service in accordance with these Terms of Use, provided that:
(i) your use of the Website Service is solely for your personal use:
(ii) you will not copy or distribute any part of the Website Service in any medium or manner inconsistent with these Terms of Use without Mighty Tidy Business Inc.’s prior written consent;
(iii) you will not alter or modify any part of the Website Service other than as may be reasonably necessary to use the Website Service for its intended purpose; and
(iv) you will otherwise comply with these Terms of Use.
In order to access some features of the Website Service, you will have to create an account. You may never use another account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Mighty Tidy Business Inc. immediately of any breach of security or unauthorized use of your account. Although Mighty Tidy Business Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mighty Tidy Business Inc. or others due to such unauthorized use.
Mighty Tidy Business Inc. reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by Mighty Tidy Business Inc. should the total amount of data transfer exceed an amount deemed excessive in Mighty Tidy Business Inc.’s sole discretion.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website Service in a manner that sends more request messages to the Mighty Tidy Business Inc. servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Mighty Tidy Business Inc. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mighty Tidy Business Inc. reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names from the Website.
In order to post or publish User Submissions on the Website, you will be required to encode your media data by downloading and installing the Mighty Tidy Business Inc. software. For these limited purposes only, you are hereby granted a revocable non-exclusive licence to use the Mighty Tidy Business Inc. software for the sole purpose of encoding digital audiovisual material in order to create User submissions for the Website. Mighty Tidy Business Inc. makes no warranty concerning the functionality of the Mighty Tidy Business Inc. software on any individual computer and expressly disclaims any and all liability for any problem which may be caused to your computer or damage of any kind incurred by you resulting from your use of the Mighty Tidy Business Inc. software. You hereby waive any legal or equitable rights or remedies you may have against Mighty Tidy Business Inc. with respect to your use thereof.
Intellectual Property Rights
The content on the Mighty Tidy Business Inc. Website, except for User Submissions, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to Mighty Tidy Business Inc. , subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. Mighty Tidy Business Inc. reserves all rights not expressly granted in and to the Website Service and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the Mighty Tidy Business Inc. Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Mighty Tidy Business Inc. Website or the Content therein.
User Submissions
The Mighty Tidy Business Inc. Website Service may permit the submission of videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and publishing of such User Submissions. Mighty Tidy Business Inc. may also establish categories for User Submissions based on intended use, such as Private where User Submissions are not shared. Invited where there is an invitation to view and/or share and Public. You understand that whether or not such User Submissions are published and regardless of category. Mighty Tidy Business Inc. does not guarantee any confidentiality with respect to any such submissions. You also understand and agree that Mighty Tidy Business Inc. may place advertising on the Website in conjunction with User Submissions.
You are solely responsible for your own User Submissions and the consequences of posting or publishing them. For all User Submissions you submit which are intended for public use, you represent and warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mighty Tidy Business Inc. to use all copyright, trademark, trade name, service mark, logos and intellectual property and other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website Service and these Terms of Use: and
(ii) you have the written consent, release or permission of each and every identifiable individual person in the User Submission to use their name or likeness to enable inclusion and use of the User Submissions in the manner contemplated by the Website Service and these Terms of Use. You retain all of your ownership rights in your User Submissions. However by submitting the User Submissions to Mighty Tidy Business Inc. for public use, you hereby grant Mighty Tidy Business Inc. a worldwide, non-exclusive, royalty free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Mighty Tidy Business Inc. Website Service and Mighty Tidy Business Inc. ‘s business, including without limitation for promotion and redistribution of part or all of the Mighty Tidy Business Inc. Website Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Mighty Tidy Business Inc. Website a non-exclusive license to access your User Submissions, if submitted for public use, through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website Service and under these Terms of Use.
For User Submissions you submit, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade mark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mighty Tidy Business Inc. all of the license rights granted herein:
(ii) publish falsehoods or misrepresentations that could damage Mighty Tidy Business Inc. or any third party:
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business:
(v) impersonate another person.
Mighty Tidy Business Inc. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Mighty Tidy Business Inc. expressly disclaims any and all liability in connection with User Submissions. Mighty Tidy Business Inc. will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another’s intellectual property rights. Mighty Tidy Business Inc. also has sole discretion to decide whether Content or a User Submission is appropriate and complies with these Terms of Use as concerns pornography, obscene or defamatory material, or excessive length. Mighty Tidy Business Inc. reserves the right to remove Content and User Submissions without prior
notice and to terminate a User’s access to the Website Service, if such User is in violation of these Terms of Use.
Mighty Tidy Business Inc. reserves the right to discontinue any aspect of the Mighty Tidy Business Inc. Website Service at any time.
You understand that when using the Mighty Tidy Business Inc. Website Service, you will be exposed to User Submissions from a variety of sources, and that Mighty Tidy Business Inc. is not responsible for and makes no warranties concerning the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you may have against Mighty Tidy Business Inc. with respect thereto.
Third Party Websites
The Mighty Tidy Business Inc. Website may contain links to third party websites that are not owned or controlled by Mighty Tidy Business Inc. and Mighty Tidy Business Inc. assumes no responsibility for these third party websites. By using the Website, you expressly discharge Mighty Tidy Business Inc. from any and all liability arising from your use of any third-party website.
Warranty and Indemnity
You agree that your use of the Mighty Tidy Business Inc. Website Service is at your sole risk.Mighty Tidy Business Inc. makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Website Service by any third party, or concerning damage of any kind incurred resulting from use of the Website Service. Mighty Tidy Business Inc. does not endorse and is not responsible for any product or service advertised or offered by a third party through the Website Service or any hyper-linked website.
In no event shall Mighty Tidy Business Inc. , its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the Website, Content or Mighty Tidy Business Inc. software.
You agree to defend, indemnify and hold harmless Mighty Tidy Business Inc. , its officers, Directors, employees and agents, from and against any and all claims, damages, Obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
(i) your use of and access to the Mighty Tidy Business Inc. Website Service;
(ii) your violation of any aspect of these Terms of Use:
(iii) your violation of my third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the Mighty Tidy Business Inc. Website Service.
General
You confirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them.
You agree that the Mighty Tidy Business Inc. Website shall be deemed solely used in Ontario, Canada and that these Terms of Use shall be governed by the laws of the Province of Ontario, Canada whose courts shall have exclusive jurisdiction. You agree that any cause of action in relation to the Mighty Tidy Business Inc. Website Service must be commenced within one (I) year after the cause of action accrues, or such cause of action is permanently barred.
WEBSITE PRIVACY POLICY
1.0 PURPOSE
1.1 Mighty Tidy Business Inc. recognizes the importance of privacy and the risk of the unauthorized use or disclosure of personal information that comes into the possession or control of Mighty Tidy Business Inc. the name of the from the use by customers of the interactive e-commerce function of the Mighty Tidy Business Inc. website.
1.2 Mighty Tidy Business Inc. further recognizes the necessity to design and implement measures for the security of personal Information that comes into the possession or control of Mighty Tidy Business Inc. from the use by customers of the interactive e-commerce function of the Mighty Tidy Business Inc. website. The purpose of this Website Privacy Policy is to describe the types of personal information collected from customers using the interactive e-commerce function of the Mighty Tidy Business Inc. website. How such information is used and the measures taken by Mighty Tidy Business Inc. to ensure its privacy and security.
2.0 DEFINITIONS
2.1 In this Website Privacy Policy, unless otherwise stated, the following terms shall have the meaning prescribed for each:
“Personal Information” means all information about an identifiable individual provided or otherwise collected by the interactive e-commerce function of the Mighty Tidy Business Inc. Website. Personal information includes all information about an identifiable person as defined under the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 and includes for purposes of this Website Privacy Policy the person’s home address, email address, telephone number, credit and information and account password.
“Website” means the set of interconnected web pages designed and developed by Mighty Tidy Business Inc. which includes an interactive function for the online purchase of products.
3.0 APPLICABILITY
3.1 This Website Privacy Policy applies to Mighty Tidy Business Inc. and customers accessing the interactive e-commerce function of the Mighty Tidy Business Inc. Website. It describes the technology and procedures of Mighty Tidy Business Inc. in offering its products and services to customers accessing the inter-active function of the Website to ensure the privacy and security of their Personal Information.
4.0 POLICY
4.1 Mighty Tidy Business Inc. is committed to ensuring the privacy and security of Personal Information and to meeting its obligations under all applicable Canadian privacy legislation.
4.2 Mighty Tidy Business Inc. is committed to collecting, using and disclosing, Personal lnformation provided by customers through the interactive e-commerce function of the Mighty Tidy Business Inc. Website only for reasonable and bona fide business-related purposes.
4.3 Mighty Tidy Business Inc. is committed to taking all reasonable steps to ensure the continuing privacy and security of all Personal lnformation provided by customers through the interactive e-commerce function of the Mighty Tidy Business Inc. Website.
4.4 Mighty Tidy Business Inc. has established the position of Privacy Officer, responsible for the development and implementation of all necessary rules and procedures for the collection, use, disclosure and retention of Personal information, including Personal lnformation provided by customers through the
interactive e-commerce function of the Mighty Tidy Business Inc. Website. The Privacy Officer shall ensure compliance with this Website Privacy Policy and all applicable privacy legislation.
5.0 PRIVACY STANDARDS
5.1 Personal Information of customers disclosed through their use of the interactive e- commerce function of the Mighty Tidy Business Inc. Website shall be collected, used and disclosed by [Mighty Tidy Business Inc. the name of the only for reasonable, business-related purposes, and in accordance with the following privacy principles:
5.1.1 Consent
(a) Express consent is required for the collection, use and disclosure of Personal Information. Customer consent to use Personal Information disclosed through their use of the interactive e-commerce function of the Website is implied for the purposes of undertaking the purchase of products from Mighty Tidy Business Inc. and other reasonably expected business-related purposes.
(b) Mighty Tidy Business Inc. may use and disclose Personal lnformation provided by customers through the interactive e-commerce function of the Mighty Tidy Business Inc. website, without consent, for compliance with any applicable law, regulation, or the order of any court or other lawfully constituted authority.
5.1.2 Limiting Collection. The collection of Personal Information from customers through the interactive e-commerce function of the Website will be restricted to that required by the Mighty Tidy Business Inc. to undertake the business-related purposes for which it was provided and for Mighty Tidy Business Inc. to meet its legal obligations.
5.1.3 Limiting the Use, Disclosure, and Retention of Personal lnformation.
Personal information collected from customers through the interactive e-commerce function of the Website will be used, disclosed and retained only for undertaking the purchase of products from Mighty Tidy Business Inc. and other reasonably expected business-related purposes, or for compliance with any applicable law, regulation, or order of any court or other lawfully constituted authority.
5.1.4 Security of Personal lnformation. Mighty Tidy Business Inc. will take all commercially reasonable steps to protect Personal lnformation from unauthorized access, use or disclosure. Reasonable steps include
physical, electronic and procedural measures appropriate to the level of sensitivity of the Personal Information.
5.1.5 Access to Personal Information
(a) Customers may access their Personal Information provided through the interactive e-commerce function of the Website to confirm its accuracy or completeness or to update their Personal Information, by contacting the Privacy Officer.
(b) Mighty Tidy Business Inc. will correct or update any Personal Information upon request.
(c) Mighty Tidy Business Inc. reserves the right to charge a customer requesting access to their Personal Information a reasonable fee for doing so where the costs of providing access are significant.
5.1.6 Response to Inquiries and Complaints. The Privacy Officer will investigate and respond to all customer complaints in regard to the treatment of their Personal lnformation at the earliest opportunity. If the complaint is found to be justified, the Privacy Officer will so inform the customer and ensure that appropriate corrective measures are taken.
6.0 CONTACT
6.1 Questions concerning this policy should be brought to the attention of the Mighty Tidy Business Inc.Privacy Officer.