If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your access to the Site (or any part thereof) and/or your user account (your “Account”), if any. In CCI’s sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Site including, but not limited to, (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Site. You agree that any termination or cancellation of your access to, or use of, the Site may be effected without prior notice. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your Account, if any, and all related information and/or files in your Account and/or bar any further access to such information and/or files and/or the Site (or any part thereof). Further, you agree that we shall not be liable to you or to any third-party for any termination or cancellation of your access to, or use of, the Site including your Account. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Site, or any policies or practices by CCI in providing the Site, including without limitation any change in content, is to cease using the Site and cancel or terminate your Account, as applicable. Although CCI does not constantly monitor the Site, it nevertheless expressly reserves the right to do so.
From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Site to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
This Site can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Ontario (including Quebec), by accessing the Site you agree that all matters relating to access to, or use of, the Site, or any other Third Party Site(s), shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to rules relating to conflict of laws that would apply the substantive laws of another jurisdiction, including with regard to any dispute arising out of your use of this Site or material from this Site.
You agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and are responsible for complying with all local laws.
2) Children’s Online Privacy Protection
CCI appreciates the importance of protecting children’s privacy. This Site is not intentionally designed for or directed toward children under the age of 18 and we will not intentionally collect or maintain any information about anyone under the age of 18 without permission of the child’s parent or legal guardian. Children under the age of 18 should not submit personally identifiable information without the explicit permission of their parent or legal guardian. Where appropriate, CCI will instruct children not to submit personally identifiable information. In the event that your child has submitted personally identifiable information and you would like to request that such information be removed, you may do so at any time and CCI will use reasonable efforts to comply with your request. Such requests can be made by contacting us at email@example.com.
3) Registered Users of an Account
Certain components, content and/or features of the Site are only available to entities who register for an Account on the Site (each, a “Registered User”). If you are a Registered User then you agree to the following:
- In consideration of your use of the Site, you represent that you are eighteen years of age (18) or older and are not a person barred from receiving services under the laws of the Province of Ontario and the federal laws of Canada or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Site (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, CCI has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof);
- Registered Users will receive a password and account designation upon completing the Site registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CCI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session;
- As a user or Account holder of the Site, you agree that you are responsible for managing your privacy and email settings.
3) Acceptable Use
You are prohibited from using this Site to post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, infringing, or profane material or any material that could constitute or encourage unlawful conduct. CCI may from time to time monitor or review material transmitted or posted using this Site and reserves the right to delete any material we deem inappropriate. However, we are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using this Site.
For greater clarity, you are responsible for any content, emails, postings, offers, software, videos, photos, text, graphics, music, sounds, questions, creative suggestions, messages, feedback, ideas, notes, drawings, articles, stories or other information, data, materials and opinions that you may provide, email, post, upload or otherwise transmit to the Site (“Submissions”).
CCI does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to CCI, you agree that the idea becomes and remains the sole and exclusive property of CCI without further liability or compensation to you, and you hereby waive any moral or other rights you may have in the material you submit in favor of CCI.
CCI welcomes your comments and suggestions on this Site and its services, products, and programs but CCI does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its Sites, services, products, programs or any new services, products or programs. By submitting information, you warrant that CCI may publish such information, use it as part of its operations, and incorporate its concepts in CCI products or services without liability or compensation to you.
You agree to defend, indemnify and hold CCI and its affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any of your Submissions.
4) Limited License
- you do not modify any such content; and
- you include with and display on each copy of such content the associated copyright notice and this limited license.
No other use is permitted. Without limiting the generality of the foregoing, you may not:
- make any commercial use of such content;
- include such content in or with any product that you create or distribute; or
- copy such content onto your or any other Site.
4) Intellectual Property
“Canada’s Most Trusted Name in Apartment Laundry”, “Coinamatic”, “Coinamatic Commercial Laundry” and the Coinamatic word mark are trademarks of CCI. “Wash Multifamily Laundry Systems” and the WASH word mark are the registered trademarks of WASH Multifamily Laundry Systems, LLC. “SmartCity” is a registered trademark of ParkSmart Inc.
All other trademarks, service marks, trade names, logos and emblems displayed on this Site are the trademarks of their respective owners and have been used with their permission.
Please note that any service, product, program, process or technology described in these materials may also be the subject of other intellectual property rights reserved by CCI and/or its affiliates and are not licensed hereunder.
The display of trade-marks or trade-names on this Site does not convey or create any license or other rights in these marks or names. Any unauthorized use of them is strictly prohibited.
CCI either owns the intellectual property rights in the underlying HTML, Java scripts, text, audio clips, video clips and other content that is made available to you on our Site, or has obtained the permission of the owner of the intellectual property in such content to use the content on our Site.
5) No Warranties
CCI does not warrant the quality, accuracy or completeness of any information on our Site. Your use of this Site and material from this Site is at your own risk.
To the extent permitted by applicable law, neither CCI, any of its agents, nor any other party involved in creating, producing, or delivering this Site are liable for any damages whatsoever arising out of your access to, or use of, this Site, any material from this Site, or any services, products or programs offered on this Site.
WITHOUT LIMITING THE FOREGOING, THIS SITE, THE MATERIAL PROVIDED ON THIS SITE, AND THE SERVICES, PRODUCTS AND PROGRAMS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
CCI MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND/OR SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
CCI WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT CCI HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CCI. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
ADDITIONALLY, CCI MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY THIRD PARTY SITES OR THIRD PARTY CONTENT WHICH YOU MAY CHOOSE TO ACCESS THROUGH THIS SITE. LINKS PROVIDED BY CCI TO SUCH THIRD PARTY SITES OR THIRD PARTY CONTENT ARE PROVIDED SOLELY FOR YOUR CONVENIENCE AND SHOULD NOT BE DEEMED TO IMPLY THAT CCI ENDORSES THOSE THIRD PARTY SITES NOR ANY THIRD PARTY CONTENT CONTAINED THEREIN. IN NO EVENT WILL COINAMATIC CANADA INC, WASH MULTIFAMILY LAUNDRY SYSTEMS LLC OR ANY AFFILIATE THEREOF BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHER TYPES OF CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATING TO OR ARISING FROM THIS WEB SITE OR ANY USE OR PERFORMANCE OF INFORMATION AVAILABLE ON OR OF THIS SITE OR ANY THIRD PARTY SITES OR THIRD PARTY CONTENT INCLUDING SPECIFICALLY, BUT NOT EXCLUSIVELY, ANY LOST PROFITS, LOSS OF GOOD WILL, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF CCI IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ANY AND ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY.
This Site may include inaccuracies or typographical errors. Information on this Site may be changed, updated and/or deleted at any time without notice. CCI or its affiliates may make improvements and/or changes in the services, products or programs described this material or on this Site at any time.
6) No Endorsement
The Site may contain links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by CCI, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
8) Entire Agreement
If any provision of this agreement is unenforceable, that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. This is the entire agreement between the parties relating to the subject matter.
9) Intellectual Property Notice
Copyright © 2017 Coinamatic Canada Inc. All rights reserved.
Last Updated: May 1, 2017.
YOUR PRIVACY MATTERS – Website
- Collection and Use of Personal Information.
With your consent, we use your personal information for purposes of monitoring and improving our internal operations, as well as to ensure we (i) if applicable for your Account, bill you properly, (ii) administer your Account in accordance with your agreements with us, (iii) properly perform the services you have requested, (iv) comply with applicable provincial and federal legal requirements, (v) identify your preferences as a customer, (vi) inform you about upcoming events, promotions and new and improved services, (vii) protect you and Coinamatic against error and fraud, and (viii) comply with our internal risk management and related policies. We also use the personal information we collect to monitor and improve our internal operations, as well as to improve the experience of users in our network of web sites. For example, we may correlate web site traffic information with data about individual users. This data helps us to determine how much our customers use parts of this web site (the “Site”), allowing us to enhance it to fit the needs of as many of our customers as possible. Coinamatic owns and operates the Site.
Coinamatic does not collect personal information about you except when you provide it to Coinamatic on a voluntary basis, and does not collect, use or disclose Your personal information without first obtaining your consent.
During your use of the Site, you may be asked to voluntarily provide personal information (including without limitation your name, email address, postal address, telephone number, fax number, profile data, postal code) to Coinamatic. If you choose not to provide certain personal information, you may not be able to use certain features of the Site, and/or you may not be able to receive products and services from Coinamatic. Such personal information is collected from you at the Site when you complete a survey, request to be notified or request information, products or services. For the purposes of verification of your identity when you create an account, you specifically acknowledge that Coinamatic may provide your personal information to a third party provider for the verification of your age, residency and other identifiable information for the purposes of providing you an Account with Coinamatic.
Your contact information is used when Coinamatic needs to contact you directly. It is also used to identify what future products or services you may require. Coinamatic will not sell your personal information or otherwise share it with third parties without your permission. We use the information we collect to direct important notices and information affecting your Account or services on the Site as well as to provide general information that may be of interest to you which may include newsletters, surveys, contest announcements, and information about our service or product offerings or the offerings of our business affiliates. You may opt-out of receiving information from us simply by notifying us by writing to the address listed below or by e-mailing us at firstname.lastname@example.org or in accordance with the opt-out instructions contained in any information message you receive from us.
- Obtaining Consent.
Some of our products and services are governed by federal and provincial regulations that require Coinamatic to collect and maintain specific personal information. As well, in order to fulfill our service obligations to you, it is necessary for Coinamatic to have your consent to send you notices and other important information affecting your Account or services. In order to continue providing you with products and services, it is necessary for Coinamatic to have your consent to provide your personal information to (i) a company or individual employed by Coinamatic to perform functions on its behalf, (ii) a company or person for the development, enhancement, marketing or provision of Coinamatic’s products or services, and/or (iii) an agent or third party retained by Coinamatic in connection with Coinamatic’s administration or the provision of Coinamatic’s products or services.
- Withdrawal of Consent.
You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. To withdraw your consent, simply contact us by writing to the address listed below or by e-mailing us at email@example.com and advising which of your personal information you no longer wish us to collect, use and/or disclose. We will the inform you of the implications of withdrawing consent to collect, use and/or disclose that personal information, including without limitation the fact that once such consent is withdrawn you may not be able to use certain features of the Site, and/or may not be able to receive products and services from Coinamatic. Should you nonetheless still desire that consent be withdrawn, Coinamatic will accede to your request.
- Maintenance and Disposal of Personal Information.
The information you have provided us is maintained in our management information system and is updated as new information is added. Records may remain on file even after you have terminated our Account. Subject to applicable law, we may also keep records to facilitate collection and to evaluate credit worthiness.
We destroy customer information that is no longer necessary for the purpose for which it is collected unless there is a legitimate request or order to inspect the information still outstanding or the information remains in routine records that are periodically discarded under our document retention policies.
- Disclosure of Personal Information.
Your personal information will not be sold to any organization for any purpose. We will not disclose your personal information to any third party without your consent, except that we reserve the right to disclose your personal information: (a) to any of our affiliates, subsidiaries, third party service providers or advisers that we deem appropriate; (b) if such disclosure is made pursuant to a legal proceeding or as required by law; (c) to another business entity should we plan to merge with, or be acquired by that business entity; or (d) organizations involved in a merger, transfer or sale of our assets or business.
Like many other web sites you may visit, the Site automatically collects certain non-personal information regarding you, such as the date and time you access the Site, the Internet address of the web site from which you linked to the Site, the operating system you are using, and the Site pages read and images viewed. This non-personal information is used for system administration purposes and to improve the Site. Non-personal information may be disclosed to other persons and permanently archived for future use.
- Third Party Links and Websites.
- Public Forums.
Please be aware that any information (personal or otherwise) that is disclosed online in a message board or chat room makes that information public information. You should exercise caution when deciding to disclose your personal information online. Coinamatic is not responsible for personally identifiable information posted on such message boards or chat rooms.
Coinamatic has adopted and implemented and will maintain reasonable and technologically feasible procedures for maintaining the security, accuracy and integrity of all personal information that is collected by the Site in order to attempt to protect against the loss, misuse and alteration of the personal information under our control.
All data is kept on secure database servers which are all behind a firewall with very restrictive access. All data entry is done via a secure interface that provides no export facility. Please be advised, however, that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss which is beyond the control of Coinamatic. Also be advised that the security, integrity and privacy of any and all information and data exchanged between you and Coinamatic through the Site cannot be guaranteed. You should consider any information provided to or collected by the Site as non-confidential, and consequently the Site assumes no liability or responsibility if any of your personal information is intercepted and/or used by an unintended recipient.
Coinamatic will not monitor, edit or deliberately disclose the contents of your private communications or files, except in circumstances where we inadvertently obtain information that appears to pertain to the commission of a crime or where we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person exists. In such cases, Coinamatic may voluntarily disclose the record or the contents of your communications or other information about you to law enforcement agencies and governmental entities without providing you advance notice. Upon receipt of an applicable search warrant or subpoena, Coinamatic may be required to disclose to the government or law enforcement agencies, without advance notice to you, the content of your communications and other records relating to your electronic communications, as well as the following records: Your name and address; records of your online communications (including session times and duration); how long you have subscribed to our service(s) (including start date) and the type(s) of service(s) utilized; your telephone number, subscriber account identifying number(s) and/or information, including any Internet or network address(es) assigned to you by our network.
- Children’s Guidelines.
The Site is not intended for children. Coinamatic will not knowingly collect information from children.
- Changes to this Policy.
- Opt-Out Options and Access to Your Information.
The Site provides you the opportunity to opt-out of receiving communications from us at (i) the point where we request registration information about the visitor or (ii) at any time by e-mailing us at firstname.lastname@example.org.
If You desire access to your own personal information held by Coinamatic, please contact us by writing to the address listed below or by e-mailing us at email@example.com.
At the time of your request for access to your personal information, we will need specific information to verify your identity before we can provide you with the personal information requested. In some instances, we will not be able to provide you with the personal information you request, for instance where that information (i) contains references to other persons, (ii) has been destroyed due to legal requirements or because the information has served its purposes, or (iii) is subject to legal protections that prevent disclosure (e.g. information this is subject to solicitor-client or litigation privilege). If we are unable to provide you with access to your personal information, we will explain why and advise you as to any recourse available to you.
We are committed to maintaining the accuracy of your personal information, and we encourage you to notify us of inaccuracies or corrections. Timely notification of a change of address or telephone number helps us in providing You with the best possible service. You may change your personal information in our records at any time and as often as necessary. If you request removal or deletion of your personal information, you acknowledge that residual information may continue to reside in Coinamatic’s records and back-up systems.
- Contact Us.
Coinamatic Canada Inc.
301 Matheson Blvd West
Mississauga, ON, L5R 3G3
Last Updated: May 1, 2017.
Last Updated: December 19, 2017
3. User Account and Account Security
You will need to create and register for an account to use certain functionality and features of the App and the Services. If you register for an account, you will be asked to provide your name, password, address, e-mail address, phone number, and/or financial information (including payment card information) (“Account Information”). You agree to provide accurate, truthful, current and complete Account Information and promptly update this information if it changes. You are responsible for all activities that occur in connection with your account. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
4. User License
Subject to these Terms, Coinamatic grants User a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, display, and use the App, including text, graphics, images, photographs, videos, data, displays, illustrations, and other content associated with the App (“Coinamatic Content”), for personal non-commercial use in connection with the Services. This license does not include any right to, and you will not: (a) sell, resell or commercially use the App or Coinamatic Content; (b) copy, reproduce, distribute, publicly perform or publicly display the App or Coinamatic Content; (c) modify the App or Coinamatic Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the App or Coinamatic Content; (d) use any data mining, robots or similar data gathering or extraction methods on the App; and (e) use the App or Coinamatic Content other than for their intended purposes.
The App is protected by the copyright laws of the United States, Canada, international treaties and conventions, and other laws, and Coinamatic retains all right, title, and interest in and to the App, including all intellectual property rights associated with the App. Except as expressly granted above, you have no intellectual property rights in the App (including any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and Coinamatic reserves all rights not expressly granted to you.
5. Account Balances
You need to have a positive account balance in order to use the App with the Services. Coinamatic uses a third-party processor that will enable you to fund your Coinamatic account via the App. Your payment card (e.g., credit card or debit card) will be billed in accordance with the terms and conditions provided by such third-party processor and any Account Information you provide in connection with the payment card processing will be transferred or disclosed to such third-party processor for the purposes of processing your payment. Your dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any third-party services, are solely between you and the applicable third party. Upon completing your transaction, your account will be funded in the amount you designated. The value of funds can be used only for the Services.
You can use your mobile device to pay for the Services using the App. In doing so, Coinamatic will deduct the amount of the payment from your account balance. You are responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Services. Coinamatic reserves the right to change the fees for the Services at any time.
7. Email Communications, Push Notifications
9. Updates & Upgrades
10. Prohibited Conduct
You agree to use the App in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the App. In connection with your use of the App and the Services, you will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Impersonate another person or log into an account which you are not authorized to access;
- Use or attempt to use another User’s account without authorization from that User and Coinamatic;
- Use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying use of the App and the Services or that could damage, disable, or impair the functioning of the App and the Services in any manner, including with respect to Coinamatic’s network or network security;
- Interfere or attempt to interfere with service or any user, host or network, including by way of introducing a virus, overloading, “flooding” or crashing, or sending unsolicited e-mail, promotions or advertisements;
- Reverse engineer, decompile, or disassemble any aspect of the App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App; or
- Develop or use any third-party applications that interact with the App or Services without our prior written consent, including any scripts designed to scrape or extract data from the App.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Coinamatic, the App or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Coinamatic. We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify and hold harmless Coinamatic, our affiliates, and each of our respective officers, directors, agents, and employees from and against any loss, liability, claim, demand, damages, expenses or costs (including reasonable attorneys’ fees) (“Claims”) arising out of or related to (a) your access to or use of the App; (b) your violation of these Terms; or (c) your conduct in connection with the Services. You agree to promptly notify us of any such Claims, cooperate with Coinamatic in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that Coinamatic will have sole control of the defense or settlement of any Claims.
EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, The SERVICES and APP Content are provided “as is” and “as available” without warranties OR CONDITIONS of any kind, and Coinamatic hereby EXPRESSLY disclaims all warranties AND CONDITIONS, whether statutory, express, implied, or through course of dealing or trade, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Coinamatic does not represent or warrant that the SERVICES and APP Content are accurate, complete, reliable, current or error-free. While Coinamatic attempts to make your access to and use of the SERVICES safe, we cannot and do not represent or warrant that the SERVICES or associated servers are free of viruses or other harmful components.
14. Limitation of Liability
under no circumstances will Coinamatic be liable to you for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits arising from or related to any use of the SERVICES, including any damages or liability resulting from any delay or inability to use the services, under any theory of liability, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, even if Coinamatic HAS been advised of the possibility of such damages. IN NO EVENT will wash’s total liability TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM or related to THEse TERMS OR YOUR USE OF THE SERVICES EXCEED, IN THE AGGREGATE, fifty CANADIAN dollars (CAD $50.00). BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN those JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Governing Law and Venue
These Terms and your access to and use of the Services will be governed by and construed and enforced in accordance with the laws of your Canadian jurisdiction of residence, without regard to conflict of law rules or principles that would cause the laws of any other jurisdiction to apply. The parties expressly agree that any dispute between the parties will be resolved in a court of competent jurisdiction in the closest major city to your place of residence within your province/territory of residence.
16. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms within the App and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through the App. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of the App after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the App.
17. Electronic Communications
By creating a Coinamatic account, you also consent to receive electronic communications from Coinamatic (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
If you are in breach of any of these Terms, we reserve the right, in our sole discretion, to terminate your right to access or use of the App or Services. We are not responsible for any loss, damage or harm related to your inability to access or use the App based on such termination.
19. General Provisions
These Terms constitute the entire agreement between you and Coinamatic relating to your access to and use of the App. The failure of Coinamatic to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding the App, Coinamatic Content and/or these Terms, you can contact us at firstname.lastname@example.org.
Last Updated: December 19, 2017
Coinamatic Canada Inc. (“Coinamatic”) is strongly committed to protecting your privacy and providing a safe online experience for all of our users and customers while offering the highest quality user experience to them.
COLLECTION & USE OF PERSONAL INFORMATION
Personal Information You Volunteer
We collect and use personal information that you volunteer to us, including:
- Contact Information: We collect contact your name, e-mail address, home address, and phone number for the purposes of processing transactions, maintaining any balances you load through your device, processing your payment, sending you notifications and keeping you up-to-date about the Services, and otherwise administering your account. With your consent, we may also communicate with you about products, services, offers, promotions, and rewards, and provide news and information we think will be of interest to you.
- Payment Method Information: We collect you credit card or other payment method-related information for the purposes of processing transactions you request through the Services. We use third-party payment processors in connection with the Coinamatic mobile application for the purposes of processing your payment.
- Contests & Surveys: If you choose to participate in a Coinamatic contest or survey, we will collect the personal information you provide for the purposes of administering the contest or survey.
- Customer Service: We collect the personal information that you provide to us when you contact us to request support or training, or otherwise communicate with us in connection with the Services. We use this information for the purposes of responding to your request.
Information Collected Automatically
When you access or use our Services, we automatically collect information about you, including:
- Log Information: We collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
- Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
- Location Information: We may collect information about the location of your device when running our mobile applications or otherwise consent to the collection of this information. For more details, please see “Your Choices” below.
- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us provide our Services, improve our Services and your experience, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
- Machine Usage Information: We collect information about your use of our machines through Services.
We use this information for the purposes of providing, maintaining, analyzing and improving our Services, detecting, investigating and preventing fraudulent transactions and other illegal activities and to protect the rights and property of Coinamatic and others.
HOW DO WE SHARE YOUR INFORMATION?
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
- In response to a search warrant or other legally valid inquiry or order (which may include lawful access by Canadian, US, or other foreign governmental authorities; courts; or law enforcement agencies); to other organizations in the case of investigating a breach of an agreement or contravention of law; or as otherwise required or permitted by applicable Canadian, US, or other law;
- Where necessary for the establishment, exercise, or defense of legal claims, to detect, suppress, or prevent fraud, and to investigate or prevent actual or suspected loss or harm to persons or property;
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; and
- With your consent or at your direction.
Service Providers: Your personal information may be maintained and processed by third party service providers in the US or other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.
We believe that choice in how and when you are contacted is key to customer satisfaction. Therefore, we offer several ways for you to update your contact information and/or change your preferences.
- You may unsubscribe to any of our online e-mail communications by following the unsubscribe instructions in the body of any e-mail message.
- You may write to us and update your contact information at: 301 Matheson Blvd West, Mississauga, ON, L5R 3G3.
- You may also contact us via e-mail at email@example.com.
We will take commercially reasonable steps to implement your opt-out requests promptly; but you may still receive promotional information from us by mail for up to 60 days due to printing and mailing schedules, and up to 10 business days for e-mail. You may also continue to receive information from those third parties to whom your information was previously disclosed.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
Coinamatic has implemented appropriate safeguards to help protect your personal information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
None of the information on the Services is intended for the use of children under 13, and Coinamatic does not knowingly register any person or accept information from any person under the age of 13.
Access to your Personal Information
You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.
Or you can contact us by mail at:
Coinamatic Canada Inc.
301 Matheson Blvd West
Mississauga, ON, L5R 3G3