Terms and Conditions
Last modified: December 1, 2017
Effective date: December 1, 2017
APPROVAL OF THE TERMS
You may not use the Product nor accept these Terms if you are not of a legal age to form a binding contract with us. If You accept these Terms, You represent that You have the capacity to be bound by them, or if You are acting on behalf of a company or entity, that You have the authority to bind such company or entity (and in which case “You” will refer to the company or entity).
We may add to, discontinue or revise these Terms or any aspect, mode, design, or service provided under the Product, which include but are not limited to the:
- scope of the features;
- timing of the features;
- software/hardware required for access to the Product; and
- geographic locations or jurisdictions in which certain features may be available.
We may amend the Terms without notice for non-material amendments. In the event of a material change, we will provide the Account Owner amendments of a material change in the Terms and conditions via email to the email address supplied to us by the Account Owner, setting out:
- the new or amended agreement terms;
- how such terms read formerly;
- the date of the coming into force of the amendment;
- the means in which You can respond and the effects of not responding;
- the language of this provision with reference to the applicable consumer protection legislation rules for amending these terms and making any additional requirements for amendments as prescribed by law (if any).
It is Talk Pluto’s responsibility to send such notices of material changes to all Users. We highly recommend that Users read any amendments carefully. Unless explicit consent is required by the law, we have the right to assume that You have accepted the change to the terms and conditions, unless You notify us to the contrary, no later than thirty (30) days after the amendment comes into force, that You desire to cancel the contract or deregister or unsubscribe from access to the Product.
These Terms are effective on the date that You first access the Product and will continue to apply until our relationship with You is terminated. Users may terminate their relationship with us via the Settings page at https://beta.talkpluto.com/settings.
We may terminate our relationship with You immediately at any time and for any reason including, but not limited to, a breach of these Terms under the following circumstances:
- if You have not adhered to any or all the provisions of the Terms (such as a failure to pay fees when due) or if it appears that You do not intend to or are unable to comply with the Terms, such determination to be made solely at our discretion;
- if we are required to terminate the relationship by law;
- if we receive any notice of your misuse of the Product; or
- if provision of the Product is no longer commercially viable for us.
Upon termination of our relationship, we will immediately revoke your license to use the Product and block all access to your account, and may delete all data and information associated with your account thirty (30) days after such termination. If you do not log into your account for six (6) or more months, we may treat your account as “inactive” and permanently cancel your account upon delivery of written notice and delete your information thirty (30) days after such notice has been delivered.
USE OF THE PRODUCT
In order to use the Product, an Account Owner must register using our registration page located at https://beta.talkpluto.com/signup.
Registration Information: You agree and understand that You are responsible for maintaining the confidentiality of your password, which, together with your email address (“User ID”), allows You to access the Product. You agree that all Registration Information provided to us will be accurate and up-to-date. You agree to keep your password secure. We will not be liable if we are unable to retrieve or reset a lost password. If You become aware of any unauthorized use of your password or account, You agree to notify us via email at email@example.com as soon as possible.
Permitted Uses: You agree to use the Product only for purposes that are permitted, both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international jurisdictions. You agree to adhere to any applicable privacy of personal information laws and regulations, including as outlined in the Personal Information Protection and Electronic Documents Act, SC 2000, c 5.
Unauthorized Access: You shall not access (or try to access) and use the Product through any automated means, including, but not limited to, scrapers, scripts, robots, or web crawlers. You agree not to use or attempt to use another User’s account. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity.
Prohibited Uses: You may use our Website, services, and products only for lawful purposes. You may not use our Website, services, or products in any manner that:
- breaches any applicable local, national or international law or regulation;
- may in any way be considered harassment to another person or entity;
- may in any way, is unlawful or fraudulent, or has any unlawful or fraudulent purpose
- may in any way damage, disable, overburden, and/or impair the the Product server, or any network connected to the Product server, and/or interfere with any other party’s use or enjoyment of the Product;
- is in any way abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature or written in bad faith;
harms or attempts to harm minors in any way;
- will reproduce, duplicate, copy, sell, resell or exploit any portion of the Product; or
- will abuse either verbally, physically, written or other abuse (including threats of abuse or retribution) of any Product customers, employees, members, or officers;
and any of the foregoing will result in immediate account termination.
You represent and warrant that You will not use the Product to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment. Nor will You post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You further represent and warrant that You will not disrupt the functioning of the Website, in any manner.
Moderation: You understand and agree that although Talk Pluto is not required to moderate your use of the Product, it may in its sole judgment review and delete any content in whole or in part, for any reason whatsoever, which without limitation, violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.
User Responsibility: You agree that You are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. We have no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that we may incur).
You understand that when using the Product, You may come across material that You find objectionable, offensive or indecent and agree that You are using the Product at your own risk.
Technical Requirements: Use of the Product requires internet access through your computer. You may be required to have internet access on your desktop enabled to use the Product, and some features of the Product may not be accessible with such technologies disabled.
THIRD PARTY LINKS
The Product may link to third-party websites or resources. Such links are provided as a convenience to You only and do not imply an endorsement, warranty or guarantee by us of any such linked Website or the company it purports to represent. We do not assume any responsibility or liability for their availability, accuracy, the related content, products or services. You are solely responsible for use of any such websites or resources and compliance with their policies. You agree to hold us harmless and hereby release us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of your actions or the actions of any user associated with your account, offering to accept or having accepted any products or services that are available from those sites.
INTELLECTUAL PROPERTY AND RIGHTS
Rights to content provided by us: You acknowledge and understand that we own all right, title and interest in: (a) the Product and any associated data files; and (b) all computer software; advertisements; sponsored content; and intellectual property associated with the Product (all such information, individually and collectively, being the “Product Content”), which You may have access to when using the Product.
Except as set forth in the Agreement, all rights not expressly granted to You are reserved. You agree not to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying the Product. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of services products or services) based on the Product Content that You do not own or to which You have rights, or to create derivative works based on the Product. You may not infringe upon our intellectual property or adapt, reproduce, publish or distribute copies of any information or material found on the Product in any form (including by email or other electronic means), without our prior written consent.
You are not required to provide Talk Pluto with any comments, suggestions, recommendations, requests or any other feedback (“Feedback”). In the event that you do provide Talk Pluto with Feedback, Talk Pluto may use such feedback to improve the Product or for any other purpose. Furthermore, Talk Pluto shall own such Feedback and Talk Pluto and its affiliates, licensees, clients, partners, third-party providers and other authorized entitled may use, license, distribute, reproduce and commercialize the Feedback, and You hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to Talk Pluto.
Limited license: We grant You a non-exclusive, non-transferable, revocable, limited license to use the Product in accordance with these Terms. This license may be revoked upon breach of these Terms by You and shall automatically be revoked upon termination or expiration of this Agreement.
The Company may, now or in the future, own rights to trade-marks, trade names, services marks, logos, domain names and other distinctive brand features which we use in connection with the operation of the Product (each such feature being a “Brand Right” and collectively being the “Brand Rights”). We do not grant you any right or license to use any Brand Right other than as expressly set out in these Terms and in other licenses between You and us.
Rights to content provided by you: Talk Pluto does not retain any right, title and interest to the information provided, inputted or uploaded to the Product (“User Data”). You agree that You will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all claims, damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to the ownership of User Data.
You also understand that in order for us to operate the Product, User Data may be transmitted by You or us over various public networks and in various media in compliance with our security protocols and we may make changes to User Data to meet the technological requirements of such networks and media. You are responsible for ensuring that User Data is protected and your rights in User Data are enforced; we have no responsibility to protect or enforce your rights on your behalf with respect to User Data.
The Product provided as-is: The Product is provided “as-is” without warranties of any kind, either expressed or implied. You acknowledge, agree and understand that You use the Product at your own risk. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Product.
Downtime: The Product may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between You and the Product.
No endorsement as to accuracy: We accept no responsibility for the accuracy of any User Data provided by or created using the Product except as otherwise set out in these Terms. The provision or storage of User Data through the Product does not constitute our endorsement or warranty as to the compliance of such User Data with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such User Data. You are responsible for ensuring that that the information you have entered into our system is accurate, reliable and complete.
Ratings and reviews: We accept no responsibility or liability for any ratings or reviews of a user posted to the Product, or any consequences as a result of the ratings or reviews of a user. Ratings and reviews posted to the Product DO NOT reflect our views.
Monitoring: We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by users.
No warranty as to non-infringement: Except in the manner provided for in these Terms, we disclaim, and expressly do not provide any direct or indirect, express or implied representation or warranty as to title and non-infringement of intellectual property in relation to the Product.
Damage to hardware: Any material downloaded or otherwise obtained through the use of our services and products is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
The Product may store your data as long as your account is current and active and for thirty (30) days after our relationship with You has been terminated.
We will create backups of all data in our system. These backups are for use by Talk Pluto only in the case of disaster recovery or to maintain business operations in the case of an emergency. Talk Pluto will not restore data unless it determines, in its sole discretion that a data recovery is necessary.
LIMITATION OF LIABILITY
You hereby agree to release, remise and forever discharge us and our directors, employees, officers, and our affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, and for any special, indirect or consequential, incidental or exemplary damages (collectively, a “Claim”), whether in contract or tort, whether known or unknown, which now or hereafter arise from, to the maximum extent allowed by law, that relate to, or are connected with:
- any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use data, or other intangible losses;
- your provision of any personal information provided to us subject to our legal requirements relating to the protection of personal information;
- communications received to you through your access to the Product;
- the posting of information on the Product, Website, blog, account or any affiliated social media, including but not limited to, User data, Cards, written reviews, pictures, or personal information;
- the use of the Product and any related applications including third party services;
- the use of any software related to the Product;
- viruses, spyware, service provider failures or internet access interruptions;
- loss of use, loss of data, inaccuracy of data, payment failure, payment defect, inaccurate calculations, downtime, identity theft, fraud or unauthorized access; or
- any content relating to the use of the Product,
even if you have been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license.
To the extent permitted by applicable laws, You agree that You will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to: (a) generally, your breach of these Terms; your access to and/or use of the Product; and any loss of, or damage to, any property, or injury to, or death of, any person (including you) caused by your access to and/or use of the Product; and (b) specifically, your breach of the intellectual property rights of any third party to these Terms.
You agree that You will be solely responsible for all activities that occur under your account, whether You are aware of them or not. You agree to hold us harmless and release us from any loss or liability whatsoever that You may incur as a result of someone other than You using your password or account, either with or without your knowledge. You agree to indemnify us for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not You were directly or personally responsible.
GOVERNING LAW AND FORUM OF DISPUTES
By visiting the Website or using the Product, You agree that the laws of Canada, without regard to the principles of conflict of laws, will govern these Terms and any dispute of any sort that may arise between You and us. With respect to any disputes or claims, You agree not to commence or prosecute any action in connection therewith other than in Canada, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts of Canada.
Expenses: Each party shall be responsible for its own legal fees and other expenses incurred in connection with the performance of any of its obligations hereunder.
You agree that we are not liable for a delay or failure in performance of the Product or the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.
ASSIGNMENT OF AGREEMENT
You may not, without our prior written consent, assign the Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so will be a material default of the Agreement and will be void. We may assign this Agreement to a third party at any time in our sole discretion. The Agreement will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs and assigns.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms or which we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Waivers must be in written form and signed by an authorized representative of the Company.
SURVIVAL OF AGREEMENT
All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of our relationship.
By providing us with your email address, You agree to receive all required notices electronically, to that email address or by mobile notifications via the Product. It is your responsibility to update or change that address, as appropriate.
If You have any questions or comments regarding these Terms please contact our head office by email at firstname.lastname@example.org.
Last modified: December 1, 2017
Effective date: December 1, 2017
If you have questions or concerns regarding our policy or practices, please contact our privacy officer by email at email@example.com or at the following address:
Talk Pluto Inc
18 Macklem Ave,
If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you can contact the Commission for complaints for telecom-television services at:
P.O. Box 56067 – Minto Place RO
COLLECTION OF PERSONAL INFORMATION
Collection of information at registration
Registration is required if you want to use the Pluto web app. Users may register at https://beta.talkpluto.com/signup. As part of this registration, we will require that you submit certain information that is relevant to the purposes of the Pluto web app. We collect the following information (“Personal Information”) from our subscriber’s registration information: first and last name, date of birth, gender, phone number, email address, and password.
Mobile Device Location Information
Upon registration or the use of our location-enabled services on the Pluto web app, we may need to collect and process information about your actual Global Positioning System location (including the latitude, longitude or altitude of your device) and the time the location information was recorded. Some of these services require your personal data for the feature to work and we may associate location data with your device identification and other information we hold about you. If you wish to use the particular feature, you will be asked for your consent.
Collection of information when you use the Pluto web app
When you use the Pluto web app, we automatically collect and store certain information about your computer or device and your activities including:
- the IP address of your computer;
- technical information about your computer such as the type of device, mobile device identification number, web browser, other browser information (e.g., size, connection speed and connection type), and operating system or platform;
- your preferences and settings (time zone, language, etc.); and
- your internet provider.
Collection of information submitted by you
You may send electronic information or physical documentation to us in the following forms: messages or transaction information relating to your interactions with our Merchants; receipts, personal data in text and picture form; and other subscriber-generated content provided to us in the normal course of your use of the Pluto web app, including but not limited to posts, profiles, comments, suggestions, forwarded messages, feedback information, usage information, transaction information and Traffic Data (as defined below).
Collection through interaction with the Pluto web app
We may collect your Personal Information when you communicate it to us by use of one of our web forms or other interactions with the Pluto web app, by email, or by any other means of communication.
The Pluto web app offers publicly-accessible blogs and allows you to create personal profiles which can be seen by others (collectively, “Public Content”). This Public Content and any of the information you post to the Site, such as reviews, are intended for public consumption. You should be aware that any information you provide in this area may be read, collected, and used by others who access them. We take no responsibility for any information which you post or publish on the Pluto web app and you agree to indemnify and hold us harmless for any loss, cost, complaint, damage, claim or liability whatsoever arising from any such post or publication. We may post your testimonials along with your name on the Pluto web app from time to time if such information is provided to us.
If you are logged into sites such as Facebook, Twitter, Google, etc., and you access but are not logged into the Pluto web app, we may receive information from such social media site to make it easier for you to create an account on the Pluto web app and show you relevant content from your friends on such social media. This information personalizes your experiences and helps you create an account. You may also connect your account on third party social media like Facebook, Twitter, Instagram, etc., in which case we may collect and store information identifying your account with the third party service.
We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML5) and application data caches.
"Traffic Data" is collected by the Pluto web app and our third-party traffic analysis provider through the use of software that is included on the Pluto web app as well as cookies that are stored temporarily on your computer. Together, these technologies help us manage our content by identifying which content is effective.
Cookies are small data files that are stored on a subscriber’s computer for record-keeping purposes. Cookies track where you travel on the Pluto web app and what you look at. A session ID cookie expires when you close your browser. When you log into the Pluto web app, your browser may ask if you want it to remember you as a registered subscriber of the Pluto web app. If you accept, the session ID becomes a persistent cookie, which remains on your hard drive for an extended period of time. Although cookies are used by most major websites and are accepted by default by most web browsers, it may be possible to disable cookies via your browser settings.
We use session cookies and usage data to make it possible to navigate the secure environment inside the Pluto web app and to keep, and periodically track, information about you for the purpose of creating a personalized web experience and improving the Pluto web appor measuring and conveying to others the performance levels of the Pluto web app. We may link the information we store in cookies to any personally identifiable information you submit while on the Pluto web app. This is for the purpose of creating a personalized experience within the Pluto web app, to assist Talk Pluto in understanding its users and subscribers and designing improvements to the Pluto web app, and for the purpose of collecting usage and performance metrics.
Use of analytics tools
When you access the Pluto web app using a web browser or other application, we may gather and store certain types of information including: traffic data from your browser, your IP address, location, GPS signals sent by a mobile device, cookie information, and the pages you visit on the Pluto web app. Traffic data is helpful in identifying and fixing problems with the Pluto web app.
USE AND DISCLOSURE OF PERSONAL INFORMATION
The Company will not use or disclose Personal Information for purposes other than the identified purposes of the Pluto web app. We may use your Personal Information (defined above) to:
- provide customer service and support, administrative messages, resolve disputes, and troubleshoot problems including helping third-party service providers fulfil their functions;
- fulfill your requests for certain features of the Pluto web app;
- customize, measure, and improve the Pluto web app;
- offer or provide you with products and services including providing you information relating to receipts, technical notices, updates, and security alerts;
- inform you of targeted marketing, service updates, and promotional offers unless you opt out;
- assist us to measure our performance and to share performance information with others;
- comply with legal or regulatory requirements (as described below); and
- fulfill other purposes, subject to your explicit consent.
We may share personal information or feedback with service providers who work for us. We may share your first name and comments or feedback with third-parties. We will not tie any other information, other than your first name, that can identify you to your comments or feedback. However, third-parties may be able to tell who you are from your comments, particularly if you provide your full name or your contact information in the comments.
Acquisition of the Company
In the event that the Company, or all or a portion of our business, or one or more of its divisions, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, liquidation or another similar transaction, your Personal Information shall be one of the transferred assets.
We may retain your personal information while you have an account with us and thereafter for as long as we need it for purposes not prohibited by applicable laws and subject to the provisions in our Terms. This data may be retained for approximately 60 days after your relationship with us has been terminated.
Legally compelled disclosures
Notwithstanding the foregoing, the Company reserves the right (and you authorize the Company) to share or disclose your Personal Information when the Company determines, at its sole discretion, that the disclosure of such information is necessary or appropriate:
Data retention and account information
- to investigate or respond to suspected illegal or fraudulent activity or to protect the safety, rights, or property of us, our users, or others;
- to prevent prohibited or illegal activities; or
- when required by any applicable law, rule, regulation, subpoena, or other legal process.
Consent and privacy settings
By providing your mobile phone number, users expressly consent to receive direct dial calls, from Talk Pluto for any urgent and administrative issues. When you sign up for an account, you are opting in to receive emails and notifications from the Pluto web app and other Pluto web app users signed up with the Pluto web app.
ACCURACY OF INFORMATION AND INDIVIDUAL ACCESS
The Company relies on you to ensure that the Personal Information you enter into our system is as accurate, complete and up-to-date as necessary for the purposes for which it is to be used. You may make changes or corrections to your Personal Information at any time. You may review or update your personal information on the settings page of the app.
When updating your personal information, we may ask you to verify your identity before we can act on your request. Unless required by law, we may reject requests that are unreasonably repetitive, require disproportionate technical effort, risk the privacy of others, or would be extremely impractical. Where we can provide information access and correction, and when required by law, we will do so for free.
We also make every effort to ensure the accuracy of the information in our reports, displays, articles and support queries. However, you must verify all information created from your use of the Pluto web app. We recommend that you consult a professional before completing any government or regulatory filing or otherwise relying upon the information, as the use of this information is at your own risk. You are responsible for ensuring that that the information you have entered into our system is accurate, reliable and complete.
THIRD PARTY SERVICE PROVIDERS
LINKS TO OTHER WEBSITES
In addition, we restrict unauthorized access through protective policies, procedures, and technical measures, including:
- providing reasonable physical and electronic safeguards with regard to the storage of Personal Information;
- limiting access to your Personal Information to those employees or contractors who we reasonably believe need to come into contact with that information to provide products or services to you or in order to do their jobs; and
- governing employees and other contractors by strict standards and policies to ensure that Personal Information is secure and treated with the utmost care and respect.
Please note that no data transmission over the internet or otherwise can be guaranteed to be completely secure. As a result, while we strive to protect your Personal Information, we cannot warrant the security of any information you transmit to us, and you do so at your own risk.
If you have a security related concern, please contact us at the contact details provided above. We will work closely with you to ensure a quick and personal response to your concerns.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we may notify you by the email address registered to your account.
We will never send email messages to customers requesting confidential information such as passwords, credit card numbers, or social security or social insurance numbers. Please do not act on any such emails as you may compromise your Personal Information by replying or by following links to a fraudulent website.