Website Terms of Use


Website Terms of Use

Last Updated: June 2019

By visiting the https://tuiopay.com/ website (the “Site”) you agree to be bound by the present terms of use (“Site Terms of Use”). The Site is owned, controlled and operated by Tuio Payments, Inc., a corporation incorporated under the Canada Business Corporations Act, with a primary business address of 56 Temperance St., 7th floor, ON M5H 3V5 (“Tuio”). Please review the Site Terms of Use, which govern your use of our Site. By continuing to use this Site you are agreeing to our Site Terms of Use.

Tuio controls and operates this Site from its headquarters within the Province of Ontario, Canada. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the Canada and the Province of Ontario, excluding its conflicts of Laws provisions. If you decide to access this Site from another location, you shall be responsible for complying with all applicable local laws.

This Site provides users with access to information and materials about Tuio and its partners. These materials may include information related to certain products and services offered by Tuio.

This Site is intended for use only by users who are at least 18 years of age.

PLEASE NOTE: Your access to and use of this Site are subject to these Site Terms of Use, as well as all applicable laws and regulations. Please read these Site Terms of Use carefully. If you do not accept and agree to be bound by any of these Site Terms of Use, you are not authorized to access or otherwise use this Site or any information, content or products and services contained on this Site. Your access to and use of this Site constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Site Terms of Use may be changed, modified, supplemented or updated by Tuio from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Site Terms of Use if you continue to use this Site after such changes are posted. Unless otherwise indicated, any new content, products and services added to this Site will also be subject to these Site Terms of Use effective upon the date of any such addition. You are encouraged to review the Site and these Site Terms of Use periodically for updates and changes. If you have any questions about these Site Terms of Use, please contact us at [email protected] or on https://tuiopay.com/contact-us/.

Site Contents, Ownership & Limited License

Unless otherwise specified, the information contained in this Site, including, but not limited to, all images, illustrations, designs, photographs, video clips, text, icons, designs, written information and other materials that appear on the Site are copyrights, trademarks, trade dress or other intellectual property (collectively, the “Content(s)”) owned, controlled, or licensed by Tuio, its affiliates, its licensors and are protected by the Canada and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and conventions. The name Tuio and the Tuio logo are registered marks of Tuio Payments, Inc.

The collection and compilation of the Contents are separately protected and copyrighted works that are owned exclusively by Tuio. No trademark or service mark license is granted in connection with any of the Contents on the Site. Tuio and its affiliates and licensors expressly reserve all intellectual property rights that are not expressly granted in these Site Terms of Use.

Use Restrictions & Content Use Permission

Accessing the Site does not authorize you to use any name, logo, trademark or service mark in any manner. We only grant permission to display, download, and print in hard copy format other Contents of this Site for the purposes of using this Site as an internal or personal business resource. You do not have permission to copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, mirror, photocopy, or reproduce any of the Contents without the prior written permission of Tuio or the applicable owner.

Links to other sites

Links to other sites from the Site are provided solely for your convenience. If you click through to a third party’s Site, you do so at your own risk. Tuio is not responsible for the content of any other sites, nor does Tuio make any representations about the content or accuracy of material on any other sites.

Information Provided by You

Any material, information, and ideas that you submit through this Site or otherwise provide to Tuio (“Submissions”) will become and will remain Tuio’ property. You hereby assign all of your rights in such Submissions, including any copyrights, to Tuio in perpetuity throughout the world for any and all present or future uses in any and all languages, for no compensation. All Submissions will be treated as non-confidential and non-proprietary. Tuio shall be under no obligation of any kind with respect to such information, and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Submissions to others without limitation. Additionally, Tuio may use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information.

Prohibited Submissions

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.

Site Security Rules

You are strictly prohibited from violating or trying to violate the security rules of the Site, including the following prohibitions:

1) You may not access data not intended for you or log onto a server or an account which you are not authorized to access;

2) You may not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing;

3) You may not attempt to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”;

4) You may not send unsolicited email, including promotions and/or advertising of products or services; or

5) You may not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

You hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents which we make available on this Site and other than generally available third party web browsers like Google Chrome or Microsoft Internet Explorer.

Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Site, and Tuio reserves the right to change the access configuration of this Site at any time without prior notice.

Right to Monitor – Tuio neither actively monitors general use of this Site under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through this Site. However, Tuio does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Tuio’s sole discretion, may be illegal, may subject Tuio to liability, may violate these Site Terms of Use, or are, in the sole discretion of Tuio, inconsistent with Tuio’s purpose for this Site.

No Tuio Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Site is provided by third party content providers or other Site users, Tuio has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on this Site are those of such third party suppliers or users, respectively.

Tuio does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Tuio.

Site’s Privacy Policy – Our Site’s Privacy Policy, located at https://tuiopay.com/privacy/, describes the details of Tuio’s information practices and procedures for personal information we collect at this Site. We strongly urge you to read our Site’s Privacy Policy.

Acceptable Use Policy for Forums and Blogs – Our Site contains blogs and forums (collectively, “Forums”) that permit users to post comments. Please remember that the open and real-time nature of the comments posted to these Forums makes it is impossible for Tuio to confirm the validity of any content posted. As such, we are not responsible for any messages posted or the consequences of following any advice offered within Forum posts. The views expressed in such posts belong solely to their respective authors and do not necessarily reflect the views of Tuio. If you find any posts in these Forums to be offensive or objectionable, please contact us via email to the address offered as a contact for the relevant Forum. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner.

By using these Forums, you agree to the following:
• By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Forums (collectively, the “content”), you grant Tuio, its successors and assignees, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, adapt, transmit, publicly perform or display any such content on the site to which it was contributed (or successor site). In plain English, you allow us to continue to display your contributions to the Site.
• If you contribute any graphic images or photographs, you accept all liability for any issues that may arise from such content. Please do not submit any images or photographs for which you do not have a current model or property release unless you are otherwise authorized to post such material.
• You will not post any material that is knowingly false, misleading, or inaccurate.
• You will not behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
• You will not use profanity in our Forums, and will neither post with language or content that is obscene, sexually oriented, or sexually suggestive nor link to sites that contain such content.
• You will respect other people’s right to personal privacy and will not post any other person’s identifying information (including their names, contact information or any other relevant information) within the Forum but your own.
• You will not use these Forums to violate any laws nor to discuss illegal activities.
• You will not impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting, nor collect or store personal data about other users.
• You will not post any copyrighted material, nor link to any copyrighted material (with the exception of publicly available sites and pages that the legal owners of the copyrights have created to make that material freely available to the general public), unless that copyright is owned by you or by these Forums.
• You will not use these Forums for the purposes of sharing or distributing viruses, licenses, registration information, software keys, “cracks,” or other information designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems.
• You will not post advertisements, chain letters, pyramid schemes, or solicitations, all of which are inappropriate and prohibited in the Forums. You will not, furthermore, collect personal information about Forum members for the purpose of sending them any such advertisements, chain letters, pyramid schemes, or solicitations through other means (email, messaging programs, etc.).
• You will not post messages that are clearly outside of the stated topic of any Forums nor disrupt a Forum by deliberately posting repeated irrelevant messages or copies of identical messages (also known as “flooding”).
• You will not attempt to access any protected sections of the sites or Forums, nor make use of any hacks, cracks, bug exploits, etc. to bypass or modify the features of the Forum software on the Site.
• You will, if asked by a representative of the Forums, cease posting any content, and/or links to content, deemed offensive, objectionable, or in poor taste by the staff of the Forums.

We do not and cannot review all of the content of every message posted and do not accept responsibility for the content of any messages. We reserve the right to delete any message and/or restrict posting rights in our Forums for any reason whatsoever. Should you continue to post messages that violate the rules of the Forums, your account may be terminated, your access to the Forums may be banned, and your service provider(s) may be contacted about your behaviour. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.

Disclaimer of Warranty

TUIO IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AS TO THE SITE OR ITS OPERATION OR CONTENT. ALTHOUGH TUIO BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, TUIO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND TUIO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. TUIO MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Contents and other information contained on this Site have been prepared by Tuio as a convenience to its users and are not intended to constitute advice or recommendations upon which a user may rely. Tuio has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Site or any other Site maintained by Tuio. Users relying on Content or other information from this Site do so at their own risk.

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to Tuio’s products and services, but are provided solely for general informational purposes.

Limitation of Liability

IN NO EVENT SHALL TUIO OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, PROFITS OR GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTUOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.

Indemnification – You agree to defend, indemnify, and hold harmless Tuio, its affiliates, its contractors, licensors and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from this Site, your use of this Site, your fraud, violation of law, or wilful misconduct, and any breach by you of these Site Terms of Use.

Notices – Any notices to you from Tuio regarding the Site or these Site Terms of Use will be posted on this Site.

Electronic Communications – When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Site Terms of Use.

Site Terms of Use Revisions

Tuio reserves the right to revise these Site Terms of Use by updating this posting without prior notice. You agree that in the event any portion of these Site Terms of Use are found to be unenforceable, the remainder of these Site Terms of Use shall remain in full force and effect and the otherwise unenforceable portion shall be amended so as to be enforceable to the greatest extent permitted by law. You agree to be bound by any such revisions. You are advised to periodically visit this page to determine the then current Site Terms of Use.

General Provisions

Entire Agreement – These Site Terms of Use, the Privacy Policy, and other policies Tuio may post on this Site constitute the entire agreement between Tuio and you in connection with your use of this Site and the Content, and supersedes any prior agreements between Tuio and you regarding your use of this Site, including prior versions of these Site Terms of Use.

Governing Law; Jurisdiction; Venue; Severability of Provisions – The Site Terms of Use are governed by the laws of Canada and the Province of Ontario, excluding its conflicts of Laws provisions. All parts of these Site Terms of Use apply to the maximum extent permitted by law. You consent to the exclusive jurisdiction of the courts of Ontario for the adjudication of any Claims arising between them hereunder. Venue for any such Claims will be in the courts of competent jurisdiction located in Toronto, Ontario.

We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Site Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

Password Accounts, Passwords, and Security – If you have been given the option to open an account on this Site that will provide you with access to password protected portions of the Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Tuio of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Tuio will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Tuio or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Agency Relationship – Neither these Site Terms of Use, nor any Content, materials, features, or products and services of this Site create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies – You agree that any violation, or threatened violation, by you of these Site Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Contacting Us

If you have any questions or concerns about these Site Terms of Use, please contact us at [email protected] or on https://tuiopay.com/contact-us/. We will attempt to respond to your questions or concerns promptly after we receive them.