TB CLIFT WEBSITE TERMS OF USE

For a Glossary of defined terms used in these Terms of Use, go to the end of this document.

 

Agreement to Terms of Use

These Terms of Use apply to the TB Clift website located at www.tbclift.com and all websites linked to www.tbclift.com that are operated by TB Clift Limited  (TB Clift) (the “Site”).

 

THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND RESPONSIBILITIES AND CREATE A LEGALLY BINDING CONTRACT BETWEEN YOU AND TB CLIFT LIMITED.

 

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE.

 

If you are using this Site on behalf of a business or if you are an administrator using the Site on behalf of an individual or individuals, the business or the individual(s) accepts these Terms of Use and you (1) represent and warrant that you have the authority to bind the business or individual(s) and (2) agree to these Terms of Use on behalf of the business or individual(s).

 

License

On the condition that you comply with these Terms of Use, TB Clift Limited grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to enter and use the Site including, if you are eligible and register, if and when available, the use of an Account.  You are permitted to use your Account only as an end-user.  You may not sell, lease, lend or otherwise transfer use of or access to your Account, or any part of it, to anyone else.

 

Additional Terms and Conditions my apply.

Additional Terms and Conditions may apply to some specific Products, Features and Activities.  All Additional Terms and Conditions are incorporated into and form part of these Terms of Use.  If there is a conflict between these Terms of Use and any Additional Terms and Conditions, the Additional Terms and Conditions will apply to the extent of the conflict, except that, regardless of what is set out in any Additional Terms and Conditions, the Disclaimers and Exclusion of Liability set out in these Terms of Use will apply to your use of the Site.

 

Commercial Contracts

You will not be required to sign a Commercial Contract and no Commercial Contract will be offered.

 

Changes

TB Clift Limited may, at any time without notice, change the Site, these Terms of Use and/or any Additional Terms and Conditions.

 

Your Contact Information

It is your responsibility to ensure that your profile and all other information you provide to us is and remains accurate and complete.  You must not provide misleading information or pretend to be someone else.

 

Privacy Statement

With your consent TB Clift Limited will send you certain electronic communications such as emails, texts and/or app notifications regarding your use of TB Clift products. These may include commercial electronic messages such as special offers and promotions.  Your service provider may charge you fees to receive these communications – check with your service provider.

 

You may opt out of receiving commercial electronic messages either by (1) unsubscribing within the commercial electronic message and following the prompts to mange your communications from TB Clift Limited, or (2) signing in to your Account and accessing your information, and then following the instructions on that page for opting out.  Your request to unsubscribe will take effect within 10 business days.  

There are some communications from which you will not be able to unsubscribe, for example notices that are reasonably required for security purposes or the operation of a product, and/or notices to you that are required under these Terms of Use.

 

NOTE: Until such time as the Site becomes e-Commerce capable or we offer free memberships that provide for free education, advice and other direct ‘Chat’ support, we will not offer subscriptions for the Site.  For further information we suggest you contact your local representative or fill out the form provided on the ‘Contact Us’ page of the Site.  The email address you provide for a response will not be shared or sold to third parties.  And further, will not be used by TB Clift to send advertising emails without your permission.

 

Notifications to You

To communicate with you, including to provide any written notices to you, we may (1) send you emails or texts, (2) deliver messages to your inbox or phone, (3) post notices on the Site, (4) send push notifications or (5) use any combination of those methods.

 

Content and Intellectual Property

TB Clift Limited either owns or is the licensee of all intellectual property rights in the Content.

You may not publish, display or otherwise use any Content in any form or media unless you first obtain our express written consent and comply with any terms and conditions we specify relating to that use.  Without limiting that restriction, and except as may be expressly permitted by these Terms of Use, you are not permitted to (1) copy, download or reverse engineer Content, (2) upload or encode anything on the Site, and/or (3) transmit any Content to any other computer, server, website or other medium.

We make available some Content for downloading from the Site.  You may use that Content but only for the purposes and in the manner we specify. Our permission to use the Content we make available is also conditional on the following:

  1. You must not (a) pass off the Content as your own or any other party’s other than TB Clift, (b) make any changes to the Content, or (c) make any representations or warranties to any other party relating to any Content, and
     

  2. You must comply with these Terms of Use, any applicable Additional Terms and Conditions, and applicable License Agreement and TB Clift Trademark Guidelines.

 

Your Use of the Site

In using the Site, you must comply with the laws of Canada and any applicable Canadian provincial laws. You must not do or threaten to do anything that may or does (1) constitute any illegal or improper activity, (2) harass any other party, (3) disrupt, undermine, corrupt or damage the Site or anything accessible through the Site, or (4) damage TB Clift’s goodwill or reputation.

 

Without limiting what is set out above, you must not:
 

  1. Use any “page-scrape” or other unauthorized device, program or process, to:

    • Access, copy or monitor any portion of the Site, or

    • Reproduce or circumvent the navigational structure or presentation of the Site,
       

  2. Attempt to gain unauthorized access to the Site by hacking, password ‘mining’ or any other illegitimate means, 

    • Probe, scan or test the vulnerability of the Site,

    • Breach or bypass the security or authentication measures of the Site,

    • Upload anything onto the Site without our express permission, and/or

    • Take any action that imposes an unreasonable load on the infrastructure of the Site.

 

Any conditions or restrictions on your use of the Site also apply to any system, network, server or other equipment connected to the Site.

 

Accounts, Passwords, Security

In the event that TB Clift Limited chooses to provide access to sensitive information on some portions of the Site, you will be required to open an Account and create Authentication Information, for example a Username and Password.

You must keep your Authentication Information secret.  You are responsible for all activities connected to your Account when conducted using your Authentication Information.  If you forget any of your Authentication Information, we will try to help you recover it.  But, if we cannot authenticate you to our satisfaction, you will not be able to access your Account.

You must notify us immediately of any unauthorized use of your Account and/or Authentication Information, or any other security breach of which you become aware.  We may suspend or cancel your Account but you will be responsible for all activity connected to your Account before that suspension/cancellation takes effect.

You must not use anyone else’s Account or Authentication Information except as expressly permitted by applicable law, for example under a power of attorney for property or in your capacity as administrator for the Account holder’s estate.

We may at any time require you to change your Username and/or other Authentication Information.

Internet transmissions are never completely private or secure.  Despite any security measures that we have in place, unauthorized parties may intercept any information transmitted within, to or from the Site or improperly access any data pertaining to you that we store.  You assume all risks that unauthorized interception or access might occur even if we have stated that a particular transmission (for example, credit card information) is secure and/or encrypted.

 

Disclaimers

We have taken great care to prepare this Site.  However, we are providing the Site and any products you purchase through the Site is strictly on an as is and as available basis.  Your use of the Site and/or purchase of any product is at your sole risk. TB Clift disclaims all warranties, expressed or implied, including implied warranties of accuracy, merchantability and fitness for a particular purpose.

We may, at anytime and without notice suspend or terminate the operation of this Site and/or your access to the Site or any portion of the Site.

 

Exclusion of Liability

Notwithstanding anything else in the Terms of Use or any other communication or document, TB Clift employees or assigns will not be responsible for any loss or damages whatsoever in connection with the Site, any content, purchases of any products, communications to and from TB Clift, or any software, linked sites, information or documents contained in or accessed via the Site.  This exclusion of liability applies no matter what kind of loss or damage you experience, including, without limitation, loss of use, lost or corrupted data, lost business profits, business interruption, products defects, property damage, personal injury or any other loss or damage.  

The exclusion of liability applies;

  1. Whether the action is in contract, tort or otherwise.

  2. Even if TB Clift is expressly advised of the possibility of loss or damages; and 

  3. No matter what caused the loss or damages, including without limitation TB Clift’s negligence and/or gross negligence.

  4. This exclusion of liability applies to the fullest extent permitted by law.

 

Indemnity

You will indemnify TB Clift, employees and assigns against all claims, demands, damages, losses, fines, expenses (including all legal fees and costs) and/or any other type of liability (collectively, ‘Claims’) to the extent the claim is caused by a) your breach of these Terms of Use, and/or b) your use of the Site.  We may, in our sole discretion, assume the exclusive defense and control of any Claim otherwise subject to this indemnification by you.  Even if we assume the defence of a Claim, you will remain responsible for the payment of the Claim and you will cooperate as fully reasonably required by us in the defence of any Claim.

 

Breach by You of the Terms of Use

If we determine that you have breached these Terms of Use, we may pursue any and all available remedies available to us and in any combination.  These remedies include termination of your access to the Site, with or without notice to you.

Any breach by you of these Terms of Use may cause irreparable harm to TB Clift for which monetary damages would be inadequate.  We may seek, in addition to other remedies available to us, any injunctive or equitable relief that we deem appropriate, without needing to post a judicial bond.

 

Feedback

From time to time you may give us Feedback, either at our request or on your own initiative.  By submitting Feedback, you agree that:

  1. The Feedback will automatically become the Property of TB Clift,

  2. TB Clift has no obligation to you or any other party with respect to your Feedback, including any obligation to a) to review the Feedback, b) make any payments in connection with the Feedback or c) keep the Feedback confidential,

  3. TB Clift may freely use or redistribute your Feedback for any purpose and in any way, and,

  4. Sections 1, 2 and 3 above will apply regardless of what you state when you submit your Feedback.

 

Third Party Content and Links to Third Party Sites

  1. Your use of any Third Party product, service and/or Linked Site is solely at your own risk.  Without limiting the Disclaimers or Exclusion of Liability set out in these Terms of Use, TB Clift has no responsibility or liability whatsoever for;

  2. Any information provided by any Third Party on the Site or any Linked Site, including any product or service claim, warranty, representation, contest or promotion, or,

  3. Any Third Party action, non-action, services or products.

 

We refer to TB Clift partners on the Site.  We use the term partner to describe a Third Party that we do business with and not to describe any kind of legal partnership or similar relationship.

A Linked Site will let you leave the Site and connect you with a Third Party website.  TB Clift does not operate or control the Linked Sites. We are not responsible for the content or the security of any Linked Site.

 

Governing Law

These Terms of Use and all other matters, inclusive of disputes out of your use of this Site will be governed by the laws of the Province of Newfoundland and Labrador and the applicable laws of Canada, without regard to conflict of law principles. Any dispute will be dealt with solely by a court of competent jurisdiction in Canada or such other location as the parties may expressly agree.

 

Glossary of Terms

In the TB Clift Terms of Use, the terms herein below have the following corresponding meanings:

 

Account

Means your online TB Clift account corresponding to your Authentication Information, used to receive and manage communications from TB Clift, access Products and Features made available through the Site, and other purposes as TB Clift may specify from time to time.  If you do not have an account, you may register for one when the feature comes online.

 

Activity

Means any purchase of a product, participation in a contest/program, use of a product or feature or any other activity conducted on or through the Site.

Additional Terms and Conditions

Means Terms and Conditions stipulated by TB Clift that apply in addition to these Terms of Use to specific products, features and/or activities.

Assigns

Means any affiliate of TB Clift, including employees, agents, contractors, representatives and/or directors of TB Clift and any combination of these.

Content

Means all TB Clift documents, Site text, names, Trademarks, graphics, icons, logos, designs, titles, words, user interfaces, visual interfaces, artwork, TB Clift software, computer code or phrases on the Site, or any part or parts of them, including any translations into other languages.

Feedback

Means any suggestions, questions or comments you provide to us in any form or medium, regarding:

  1. The Site

  2. Any actual or potential Products and/or

  3. Any other aspect of TB Clift’s existing or potential operations.

 

License Agreement

Means an agreement, in the form we stipulate, setting out the terms and conditions pertaining to your use of any Content we make available for downloading from the Site.

Linked Site

Means a website operated by a Third Party that is linked to this Site.

May

Means, when used to describe an action by TB Clift: ‘may in our discretion, but with no obligation to do so’.

Password

Means the secret access code you use to access your Account.

Product

Means a product or service provided by TB Clift.

Profile

Means the contact information and other information we ask you to provide when you open an Account.

Site

Means the TB Clift Limited website located at www.tbclift.com and all associated websites linked to TB Clift that are operated by TB Clift and/or affiliates.

TB Clift 

Means TB Clift Limited.

TB Clift Documents

Means non-confidential materials that TB Clift has prepared and provided for general access, viewing and/or downloading on the Site, including Customer Guides, forms, articles, blogs and similar materials. 

Trademarks

Means any and all trademarks, trade names, official marks or any similar intellectual property belonging to TB Clift and/or its licensors, which may be registered in Canada or otherwise.

Third Party

Means a party other than TB Clift or a TB Clift affiliate or assign.

User

Means a user of the Site.

 

Username

Means the name selected by the user to uniquely identify that user while logged onto the Site.

 

we, us, our, We, Us or Our

Means TB Clift

 

you, your, You or Your

Refers to a user.

 

Cookies

Please refer to our Privacy Policy.