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Terms and Privacy

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Terms & Privacy

This user agreement, the Privacy Policy and all other rules, policies and procedures that are published from time to time on the Site, which are each incorporated by reference herein, and which collectively form the “Agreement”, sets forth the terms and conditions that you agree apply to your access and use of the Internet Web site located at mybazinga.com (the “Site”) and the services, features, applications, tools, functionality and content offered by Bazinga (collectively with the Site, the “Service”). The Service is owned and operated by Bazinga Technologies Inc., a British Columbia company, and by its subsidiaries and affiliates (collectively referred to as “Bazinga”). If at any time you do not agree to the terms of this Agreement, immediately stop using the Service. We may update this Agreement (including the Privacy Policy) from time to time without notification, and your continued use of the Service constitutes your acceptance of the amended terms. If you do not agree to any revisions to this Agreement, you should immediately discontinue using the Service.

Date last revised: October 2, 2013

 

USER AGREEMENT

1. Accepting the Terms

By registering for and using the Service, which includes without limitation visiting or browsing the Site, you agree to be bound by all of the terms and conditions of this Agreement and hereby enter into a binding agreement with Bazinga. The terms “you” or “User” refer to a person that has registered with Bazinga, and also includes someone who is visiting and browsing the Site. The terms “we” or “us” refer to Bazinga. If you wish to become a User and use the Service, you must read this Agreement and indicate your acceptance during the registration process. You may not use the Service, and we will not form a binding agreement with you, if you are not of a legal age in the jurisdiction you reside. The Service is not available to anyone under the age of 13. Bazinga may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. If you accept this Agreement, you represent that you have the capacity to be bound by all of its terms or, if you are acting on behalf of a company or other legal entity, you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

 

2. Description of Service

The Service is an information management and social network service that allows Users to maintain their home, manage their building, and connect with their neighbourhood. Through the Service, Users can share information, communicate with other Users, participate in decision making for their properties, and reserve building services. Please note that certain aspects of the Service will not be available to all Users.

 

3. Your Registration Information

When you register for the Service, you will be required to provide your email address, a password, and your place of residence, which collectively form your “Registration Information”. Together, your password and email address allow you to access the Service. You understand and agree that you are solely responsible and liable for all activity that occurs on your account, and shall be responsible for maintaining the confidentiality of your password. You are also responsible for keeping your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service may be affected. If you become aware of any unauthorized use of your Registration Information, you agree to notify Bazinga immediately at the email address privacy@mybazinga.com.

 

4. Your Use of the Service

Your right to use the Service is personal to you and is not transferable by you to any other person or entity. You are entitled to use the Service for lawful purposes only and only in accordance with the terms and conditions of this Agreement. You are solely responsible for all of your activity in connection with the Service.

We may interrupt or disable your access to the Service from time to time for any reason, including, without limitation, the need to update, provide maintenance to or repair the Service, or if we believe in our sole discretion that you have violated the terms of this Agreement.

 

5. Use with your Mobile Device or Tablet

Use of the Service may be available through a mobile device or tablet, and may require network access and software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device or tablet and telecommunications provider. Please see the section entitled Disclaimer of Representations and Warranties below.

 

6. Online and Mobile Alerts

Bazinga may from time to time provide you with automatic and voluntary alerts. Automatic alerts may be sent to you following certain changes made online to your account, such as a change in your Registration Information. Voluntary account alerts may be turned on, off or customized by you. These alerts allow you to choose the types of notifications you would like to receive in your email address. Bazinga may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion. Electronic alerts will be sent to the email address you have provided in your Registration Information. You are responsible for updating your email address if it changes.

 

7. Rights You Grant to Us

By submitting, transmitting, distributing, uploading or posting information, documents, data, text, images, graphics, passwords, usernames, other login information, materials and other content (collectively, “Content”) through the Service, you are licensing that Content to Bazinga for the purpose of providing the Service. Bazinga may use and store the Content, and provide access to the Content to its employees, agents and contractors in connection with providing the Service. All Content, whether posted or privately transmitted, is the sole responsibility of the person who originated such Content, and Bazinga provides no guarantees as to the authenticity of the Content. You acknowledge that all Content you access through the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other person resulting therefrom. Bazinga will not share your personal or confidential information with any third party without your prior consent. Please refer to the Privacy Policy.

 

8. Bazinga’s Intellectual Property Rights

The contents of the Service, including its “look and feel” (which includes, without limitation, text, graphics, images, logos, designs and button icons), photographs, videos, audio, editorial content, notices, software (including html-based computer programs) and other material (collectively, the “Bazinga Intellectual Property”), and the way in which we use the Bazinga Intellectual Property in providing the Service, are proprietary to Bazinga and protected under applicable copyright, trademark, trade secrets, patents or other intellectual property laws. The contents of the Service are owned by or licensed to Bazinga or its software or content suppliers. Bazinga grants you the right to use the Service subject to these terms. You may download or print a copy of the Bazinga Intellectual Property provided on the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any of the Bazinga Intellectual Property from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.

 

9. Access and Interference

You agree that you will not do any of the following:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site, without Bazinga’s express written consent, which may be withheld in Bazinga’s sole discretion;

Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Apple’s Safari or Mozilla’s Firefox);

Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service;

Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service.

 

10. Rules for Posting and Transmitting Content

As part of the Service, Users may post Content on bulletin boards, activity feeds and at various other locations on the Site that are available to other Users, or transmit Content to one or more Users through the Service’s messaging service. If you post any Content, you agree to follow these rules:

You are responsible for all Content you submit to, transmit through or post on the Site.

You may not submit, transmit or post any message that is libelous or defamatory. Unless in accordance with applicable law, you may not submit, transmit or post any message that discloses private or personal matters concerning any person.

You may not post or transmit any Content that is indecent, obscene, pornographic, harassing, threatening, bullying, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.

You may not post or transmit any Content that would violate the intellectual property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. You may not copy, reproduce or use information that personally identifies other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited. You may not interfere with other User’s use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Site, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service.

You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

By submitting Content to us, you represent that you have all necessary rights to, and hereby, grant Bazinga a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the Content in connection with the Site, the Service and our business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Site, the Service and under this Agreement.

Bazinga reserves the right to remove any Content that it believes in its sole discretion is not in compliance with the foregoing rules, the terms of this Agreement or applicable law.

 

11. Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES ASSOCIATED WITH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE CONTENT AND ALL SERVICES ASSOCIATED WITH THE SERVICE IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES ASSOCIATED WITH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAZINGA OR THROUGH THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WITHOUT LIMITING THE FOREGOING, BAZINGA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, CONSULTANTS, CONTRACTORS AND LICENSORS PROVIDE NO WARRANTIES IN RESPECT OF THE FOLLOWING: (A) THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (B) THAT THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE WILL MEET YOUR REQUIREMENTS; (C) THAT THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THAT THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (F) THAT THERE WILL BE AVAILABLE TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (G) THAT YOU WILL NOT INCUR ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION AS A RESULT OF THE TELECOMMUNICATION SERVICES; AND (H) THAT THERE WILL NOT BE ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR A FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

ANY CONTENT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

 

12. Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall Bazinga or any of its directors, officers, employees, shareholders, consultants, contractors or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the content and all services and products associated with the Service.

Under no circumstances will Bazinga be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the content and all services and products associated with the Service, or the information contained therein.

To the maximum extent permitted by applicable law, Bazinga, its processors, its suppliers, and its licensors (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any:

Errors, mistakes, or inaccuracies of content; Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the content and all services and products associated with the Site or provided through the Service;

Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;

Any interruption or cessation of transmission to or from the content and all services and products associated with the Service;

Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the content and all services and products associated with the Service;

Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the content and all services and products associated with the Service; and/or

User content or the defamatory, offensive, or illegal conduct of any third party.

Notwithstanding anything to the contrary in this Agreement, Bazinga’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to C$50.00 (fifty Canadian dollars). Furthermore, no action, whether in contract or tort (including negligence), or otherwise arising out of or in connection with your access to the Site, your use of the Content or the Bazinga Intellectual Property, and all services and products associated with the Service or otherwise in connection with this Agreement may be brought by you more than six (6) months after the cause of action has occurred. This limitation of liability section applies whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if Bazinga has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

13. Your Indemnification of Bazinga

You shall defend, indemnify and hold harmless Bazinga and its officers, directors, employees, shareholders, consultants, contractors and licensors from and against all claims and expenses, including but not limited to legal fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

 

14. Terminating your relationship with Bazinga

This Agreement will continue to apply until terminated by either you or Bazinga as set out below. If you want to terminate this Agreement with Bazinga, you may do so by contacting us by email at support@mybazinga.com and requesting to close your account for the Service.

Bazinga may at any time, terminate this Agreement with you:

If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with, the provisions of this Agreement);

If Bazinga in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

For any reason, immediately upon written notice from Bazinga to you at the e-mail address provided by you as part of your Registration Information.

 

15. Governing Law and Forum for Disputes

This Agreement shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard to its conflict or choice of laws or provisions. Each of the parties hereby irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of British Columbia with respect to any matters arising out of this Agreement.

 

16. Jurisdiction of Use

The Service is for use in buildings located in Canada. By choosing to access this Service from any location other than Canada, you accept full responsibility for compliance with all applicable local laws. Bazinga makes no representation that content on this Service is appropriate or available for use in locations outside Canada.

 

17. Miscellaneous

If any court of competent jurisdiction deems any provision of this Agreement, as amended from time to time, to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement shall remain in full force and effect.

If, for any reason, Bazinga does not exercise or enforce any legal right or remedy which it is afforded in, by or pursuant to the Agreement (or which Bazinga has the benefit of under any applicable law), this will not be taken to be a formal waiver of Bazinga’s rights or remedies, and such rights or remedies shall still be available to Bazinga.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement (including the Privacy Policy) represents the entire understanding and agreement between you and Bazinga regarding the subject matter of the same, and supersedes all other previous agreements.

 

PRIVACY POLICY

This Privacy Policy forms a part of, and is incorporated into, the User Agreement (the “Agreement”). When you provide us with your Personal Information (defined below), you are consenting to us collecting, storing and using your Personal Information in accordance with the terms of this Privacy Policy. We may modify this Privacy Policy in accordance with the terms of the Agreement, and the use of the information we collect (including Personal Information) is subject to the Privacy Policy in effect at the time we use such information. Capitalized terms that we use but do not define in this Privacy Policy have the meanings assigned to such terms in the Agreement.

 

1. Collection and Use of Personal Information

Personal information is information that can be used to identify or contact an individual. When you provide us with your Registration Information in order to use the Service, we collect your personal information that includes your name, email address, and place of residence (“Personal Information”).

In providing us with your Personal Information, you agree that we may collect, store and use this information for the following purposes: creating your account with Bazinga; permitting Bazinga to contact you directly regarding the Service; for Bazinga’s internal business purposes, such as conducting research and development to improve Bazinga’s products, services, and communications; to help resolve potential abuses or prevent activities that are prohibited as set out in the Agreement; and to send you important notices, such as communications about the Services or changes to our terms, conditions, and policies. Because this information is important to your interaction with Bazinga, you may not opt out of receiving these communications.

 

2. Collection and Use of Non-Personal Information

Bazinga also collects non-personal information, which is information that is in a form that does not directly associate the information with a specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose.

For example, we collect non-personal information about your home (such as its square footage, the number of rooms, and fixtures), your building, and your neighbourhood. Bazinga works with your real estate developer, property manager, strata council or condo board to collect this information. This information is specific to your building and your home, but does not include any information that can be used to identify you.

We may also collect non-personal information such as the city, date, time, browser type, and device type relevant to how and when Users use the Service so that we can better understand customer behavior, improve the Service and provide other products and services in the future.

We may also collect non-personal information regarding User activities on the Site and from the Service.

 

3. Cookies and Other Technologies

The Site uses technologies such as “cookies”. These technologies help us better understand User behavior, and tell us which parts of our website people have visited. As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, referring and exit pages, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyze trends, to administer the Service, and to learn about User behavior. Bazinga may aggregate this information for any purpose, including for use in our marketing and advertising campaigns.

 

4. Disclosure to Third Parties

At times Bazinga may provide certain of your Personal Information to third-parties that Bazinga engages to provide the Service and other products and services to Users. These third parties are required to sign confidentiality agreements with us. Bazinga will only share Personal Information with these third parties to provide or improve the Service and other products and services; we will not share your Personal Information with third parties for their marketing purposes.

Bazinga may share your Personal Information with companies who provide services such as information processing, data management, and customer service. Some of these companies may be located outside of Canada, and by accepting the Agreement you consent to us providing your Personal Information to companies located outside of Canada. These companies are obligated to protect your Personal Information.

We will not share your Personal Information with any other party unless required by law.

 

5. Protection of Personal Information

Bazinga takes precautions to safeguard your Personal Information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.

Bazinga use a combination of firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of your online session and to protect the Site, accounts and systems from unauthorized access.

Any third party to whom we share your Personal Information in accordance with this Privacy Policy shall be obligated to provide a comparable level of protection.

 

6. Integrity and Retention of Personal Information

Bazinga makes it easy for you to keep your Personal Information accurate, complete, and up to date. We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

 

7. Access to Personal Information

You can help ensure that your Personal Information and preferences are accurate, complete, and up to date by logging in to your account at the Site. We provide you with direct access to your Personal Information so you can modify it or request that we delete the information if Bazinga is not required to retain it by law or for legitimate legal or business purposes. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made by email to support@mybazinga.com.

 

8. Privacy Questions

If you have any questions or concerns about Bazinga’s Privacy Policy or our practices and procedures concerning the collection, storage and use of Personal Information, you should contact our Privacy Officer as follows:

Privacy Officer

Bazinga! Technologies

Suite 201 – 225 Smithe Street

Vancouver, BC V6B 4X7

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