Terms of use

TA SKWÁLWENTN – TERMS OF USE

These Terms of Use (“Terms”) apply to your access to and use of any online applications hosted, modified by or contributed to by CheckingIn Software Ltd. (“CheckingIn”) or Squamish Nation (“Squamish”) including the ta skwálwentn mobile application (the “App”) and any related products, resources, services or online content hosted on the App or related thereto (the “Services”) .

In these Terms, “we”, “us” and “our” refer to CheckingIn and Squamish collectively and the terms “you” or “your” refer to any individual user of our App or Services.

NOTICE: It is your responsibility to carefully read these Terms prior creating an account, accessing or using the App or the Services. These Terms govern and define your use of the App and Services and are legally binding on you.

USE OF OUR APP AND SERVICES

Prior to you accessing the App or Services, you were given reasonable notice that these Terms existed. By downloading, accessing and continuing to use our App you agree to be legally bound and abide by these Terms and our Privacy Policy whether or not you have read them. If you do not agree to these Terms or our Privacy Policy, you must not access our App or Services. Failure to abide by these terms may result in our termination of your use of any Services.

We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict, unless the additional terms state otherwise.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

While we aim to keep the App as up-to-date as possible, we cannot guarantee that all content on our App is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.

If you wish to have any of your personal information and/or access to the App or Services removed, you may email us at hello@checkingin.co and we will make reasonable efforts to do so. For more information about how we collect, process and store any information about you, please see our Privacy Policy .

SECURITY

You understand that the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our App.

Credentials
If at any time you are required to create a username and password to access any Services, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you register for an account, you must provide accurate account information and promptly update this information if it changes. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to hello@checkingin.co

Third-Party Applications & Content
In order to run the App and provide our Services, we may use some third-party plug-ins or applications. For more information as to how your personal information is collected, stored and processed, please refer to our Privacy Policy. You understand it is your responsibility to review the terms of use for any such third-party applications, to the extent you are made aware of them. If you do not agree with the terms of use for any third-party application used by our App, please discontinue use of the Services immediately.

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

Confidentiality
You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated or as may be mandated by law or fiduciary duty. In order for us to provide our Services, you agree that we may process, transfer and store information about you in Canada and other countries, where you may not have the same rights and protections as you do under local law.

User Communication within the App
As a user of the App and Services, you may create, post, use, share and store content, including your sentiments, words, energy levels, including materials you share with us or other users when using our Services (collectively, “User Content”). We may use certain User Content in a non-personally identifiable manner for limited purposes as set out in our Privacy Policy.

You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our App and Services as a result of any such behaviour that we deem inappropriate.

Prohibited Behaviour
By using our App, you agree not to misuse or tamper with our App, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our App. You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our App and/or your breach of these Terms.

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

All content, resources, material, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common or registered), copyright, and service marks (the “Intellectual Property”) on our App, related to our Services or posted on social media, is owned by us, unless attributed otherwise. All content on the App and in any Services is proprietary to us and protected under Canadian and foreign law. You may not modify, whether in whole or in part, any of our Intellectual Property as this is a violation of federal law. You are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way including re-posting or republishing any of our Intellectual Property to any third-party website or social media platform for any purpose whatsoever.

Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your own personal, non-commercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and will violate our intellectual property rights.

“CheckingIn,” and our logos, our product or service names, our slogans and the App design look and feel are the exclusive property and are trademarks of CheckingIn and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and organization or company names or logos mentioned on the App, including “ta skwálwentn” and “Squamish Nation”, are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without such party’s prior written permission.

We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law. You agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.

FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, reviews, ratings, original or creative materials or other information about the App or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You understand that we may treat Feedback as nonconfidential.

THIRD PARTY CONTENT

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

ASSUMPTION OF RISK AND DISCLAIMERS

Assumption of Risk
Use of this App is at your own risk. You understand and agree that use of our App, its contents and purchase of any services, or items found or attained through this App is at your own risk. While we host our App on a reputable platform and take commercially reasonable efforts to maintain and host the App, we make no representations, warranties or guarantees as to your individual safety when using our App. You further assume all risk associated with your access to and use of any information or materials provided to you on the App, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.

Warranties Disclaimer
We make no warranties as to our App, the Services or any related materials. You agree that our App, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

No Guarantees
While we may reference certain results, outcomes or situations on this App or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our App or as part of the Services. The testimonials, statements and/or opinions presented on our App are the results of the individuals who provided them. Results and/or experiences of each individual may vary. The testimonials used on our App may not represent and does not guarantee the same or similar result or experience of others who use our App and/or Services. All testimonials provided on our App were voluntarily provided without payment or in exchange for any compensation, including free Services, unless expressly indicated otherwise.

General Disclaimer
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our App or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.

Third Party Disclaimer
You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.

Technology Disclaimer
We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our App and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the App will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the App or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our App, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Not Professional Advice

We are not medical, legal, mental health and addictions or other regulated professionals, or if we are, your use of our App does not mean we are providing our professional services to you. You expressly acknowledge and agree that we are not acting in any professional capacity, including medical, legal, mental health and addictions or otherwise during the course of any Service. No part of our App, the Service or any related content or materials are to be construed as medical, legal or mental health and addictions advice. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this App and/or Services. The content and materials made available through the Services are provided solely for informational purposes and are not intended to provide specific therapeutic, counselling or medical advice and you should not rely upon the content and materials as such.

LIMITATION OF LIABILITY AND INDEMNITY

Limitation of Liability
Except where such exclusions are prohibited by law, under no circumstance will CheckingIn or Squamish Nation, nor, where applicable, its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, affiliates or successors (“collectively, the “Released Parties”) be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach or damages of any kind, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the App, the Services, or materials, posting, or information on the App even if the party was allegedly advised or had reason to know.

The sole and entire maximum liability of CheckingIn and Squamish, for any reason, and your and your sole and exclusive remedy for any cause, whatsoever, shall be limited to the greater of $50.00 or any actual amount paid by you for Services access through our App.

Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our App, including but not limited to any user submissions, third-party sites, any use of our App’s content or materials, services and products other than as expressly set out in these Terms.

Termination of Your Use
If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our App, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our App and Services at any time without notice, and if necessary, block your IP address from further visits to our App.

DISPUTES AND CLAIMS

Notice of Dispute or Claim

You will not file any legal action against CheckingIn or Squamish in any forum without submitting a detailed description of your dispute or claim to us at hello@taskwalwentn.co ("Dispute"). The information you provide to us must include specific information about the Claim such as the nature of the issue, the App page(s) affected by the issue, reference to any legal authority governing the issue, such as citations to state privacy laws, CANSPAM statutes, or similar regulations, and any other information a reasonable person would consider relevant to resolving the issue.

Resolution Process
We shall have ninety (90) days to respond to your email notice. If you send more than one (1) email notice, the 90-day response timeline applies separately to each email notice you send. If your issue is not resolved within ninety (90) days, you have thirty (30) days to request an informal mediation about the issue with us. If we agree to mediation, the mediation will take place in Vancouver, BC, Canada with a professional mediator to be mutually selected by the parties. The parties will split the costs of mediation equally.

Litigation
If a dispute between you and us cannot be resolved informally or through mediation, litigation may be commenced in the courts of Vancouver, British Columbia, Canada. Each party agrees to submit to the exclusive jurisdiction of such courts with respect to any dispute(s) and agrees not to bring any dispute(s) in any other court or adjudicative body. Each party hereby consents to venue and personal jurisdiction in such courts with respect to such dispute(s) and irrevocably waives any right that it may have to assert that such forum is not convenient or that any such court lacks jurisdiction.

Time Limitation
Any Dispute(s) must be filed within two (2) years after the cause of action arose and you waive any statute of limitations to the contrary.

Injunctive Relief
Your breach of these Terms is likely to cause immediate and/or irreparable harm to us. As such, we may seek injunctive relief against you without the need to post bond.

GENERAL

Full Agreement
You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the App and Services.

Governing Law
These Terms as well as our Privacy Policy are governed by and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Vancouver, British Columbia, Canada. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any Disputes(s) will be entitled to recover reasonable legal fees and costs, including expert costs.

Severability
If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

Waiver
The failure by us to exercise or enforce any right or provision of this Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.

All Rights ReservedWe reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. If you continue to use the App after we make changes, you agree to the changes. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by us.

CONTACT
If you have any questions about these Terms, our Privacy Policy, the App or the Services please contact us at hello@checkingin.co

Privacy Policy | Terms of Use