TPV360

TPV360 Terms Of Use

Assent to Agreement

By accessing our app, TPV 360, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing TPV 360. The materials contained in TPV 360 are protected by applicable copyright and trademark law.

  1. This mobile application, including all of its features and content (this “Application”) is provided and made available by ContactPoint 360 Inc., TPV 360 or its affiliates or its subsidiaries (collectively, (“ContactPoint 360”, “we” or “us”) and all content, information and Services provided on or through this Application (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).
  2. Definitions
    1. “TPV 360 Information” means third-party verification information, including information regarding your profile generated by third parties.
    2. “Personal Information” means information that is about you as an identifiable individual, or other personal information as defined by applicable laws and regulations (as amended or replaced from time to time) protecting the privacy of Personal Information in the jurisdictions in which we operate and which you reside.
    3. “Service” means ContactPoint 360’s products, software, services, mobile application, and website (including text, graphics, images, and other material and information) as accessed by you from time to time.
    4. “Third Party Communications” means any communications directed to you from any third party, directly or indirectly in connection with this Application or the Service, or any interactions you may have with third party websites not operated by ContactPoint 360.
  3. Description of  Service
    1. This Service includes access to TPV 360’s third party verification services. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to these Terms of Use. You acknowledge and agree that the Service, Application and Content is provided “AS-IS”, unless otherwise required by provincial, state, territorial or federal law, and is based on the current state of the art technology in use by ContactPoint 360 at the time of your use of the Service. As research progresses and scientific knowledge and technology evolve, ContactPoint 360 will be constantly innovating in order to provide the best possible experience for you and its users.
    2. When using any Service offered by ContactPoint 360, you shall be subject to any guidelines or rules applicable to such Service that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. ContactPoint 360 also may offer other programs and services from time to time that are governed by different agreements or terms of use.
    3. You acknowledge and agree that the form and nature of the Service which ContactPoint 360 provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that ContactPoint 360 may stop (permanently or temporarily) providing some of the Service (or any features within the Service) to you or to users generally at ContactPoint 360’s sole discretion, without prior notice to you.
  4. Limited Licence and use of application
    1. As a user of this Application and the Service you are granted a non-exclusive, non-transferable, revocable, limited licence to access and use this Application and Content in accordance with these Terms of Use. Any Content on this Application, and the Application itself, may only be reproduced, distributed, translated, made available, published, distributed, or communicated to the public by telecommunication for personal and non-commercial purposes. As further detailed in paragraph 22, ContactPoint 360 may terminate this licence at any time for any reason.
    2. Although ContactPoint 360 makes every effort to ensure that the Application and Content is accurate, complete, and up to date, ContactPoint 360 does not provide any warranty, express or implied, of the accuracy or completeness of any of the Content. ContactPoint 360 shall not be liable in any manner or to any extent for any direct, indirect, special, incidental, or consequential damages, losses or expenses arising out of the use of the Application or the Service. Your use of the Service, Application, Content or materials linked from this Application is at your own risk.
  5. Limitations on use
    1. The Content on this Application is not for commercial exploitation.
    2. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-licence, or create derivative works from this Application, the Content or Service. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Application or the Content without ContactPoint 360’s prior written permission. You may not use this Application to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial purposes all or any portion of this Application or the Service, except to the extent permitted above. You may not use or otherwise export or re-export this Application or any portion thereof, or the Content in violation of the export control laws and regulations of Canada. Any unauthorized use of this Application or its Content is prohibited.
  6. Registration AND USER ACCOUNT
    1. This Application requires you to register an account with us. You agree to provide accurate and complete registration information. It is your responsibility to inform us of any changes to that information.
    2. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. If you allow third parties to access the Application through your username and password, you will defend and indemnify ContactPoint 360 and its affiliates against any liability, costs, or damages, including legal fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to immediately notify ContactPoint 360 of any unauthorized use of your password or account or any other breach of security. ContactPoint 360 cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
    3. If you believe there has been unauthorized use of your account, you must notify us immediately by emailing us via https://contactpoint360.com/talk-to-us/.
  7. Linked sites AND THIRD PARTY COMMUNICATIONS
    1. Any links provided on this Application to third party websites are provided solely for your convenience. The operation and content of such third party websites is beyond the ContactPoint 360’s control. ContactPoint 360 does not endorse in any manner whatsoever or accept any responsibility for the content or other material that may be contained on such websites, the use of such websites, or any products or services advertised on or sold through any such website.
    2. ContactPoint 360 disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. ContactPoint 360 assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications.
  8. Intellectual property rights
    1. Except as expressly provided in these Terms of Use, nothing in these Terms of Use shall be interpreted as conferring on you or any third party any licence or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, including those related to copyright or other intellectual property rights. You agree that the Content, the Application, and any and all other materials published or otherwise accessible through the Application are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
    2. You grant to ContactPoint 360 an irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to any material you submit to the ContactPoint 360, including any postings to the Application. This licence is without restrictions of any kind and without any payment due from ContactPoint 360 to you or permission or notification, to you or any third party. This licence includes the right to make available, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, communicate to the public by telecommunication, perform and sublicense any submissions or postings in any form, medium, or technology now known or developed in the future.
    3. You represent and warrant that any material submitted to or posted on this Application: (i) are your original works or that the owner of such works has expressly granted to ContactPoint 360 a perpetual worldwide royalty-free, irrevocable, non-exclusive licence for said works with all of the rights granted by you in section 8.2 of these Terms of Use; (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any other proprietary right; and (iii) that you have obtained any and all consents required pursuant to any applicable privacy legislation to submit any Personal Information about another individual or third party to us.
  9. Posting guidelines
  10. In the event that this Application allows you to make a post on the Application, any posting is subject to ContactPoint 360’s Posting Guidelines in addition to these Terms of Use.
    1. In addition to our Posting Guidelines, the following additional terms apply in the event that this Application allows you to make a post on the Application:
      1. You shall not post, publish, upload or distribute any postings which are unlawful or abusive in any way, including, but not limited to, any postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, provincial, state, federal or international law, either intentionally or unintentionally. ContactPoint 360 may delete your postings at any time for any reason without permission from you.
      2. ContactPoint 360 has no obligation to monitor or screen postings and is not responsible for the content in such postings or any content linked to or from such postings. ContactPoint 360 however reserves the right, in its sole discretion, to monitor any postings, screen postings, edit postings, cause postings not to be posted, published, uploaded or distributed, and remove postings, at any time and for any reason or no reason.
  11. Privacy policy
    1. In order to use the Service and the Application, you must first agree to our Privacy Policy which can be accessed at https://contactpoint360.com/privacy-policy/. You may not use the Service if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by (i) clicking to accept or agree to the Privacy Policy, where this option is made available to you by ContactPoint 360 for any Service; or by (ii) using the Application.
  12. USER REPRESENTATION AND WARRANTIES
    1. By using this Application and Service, you agree to, acknowledge, represent and warrant as follows:
      1. you grant permission to ContactPoint 360, TPV 360, its contractors, successors and assignees to read and analyse data to perform third party verifications;
      2. you are a resident of Canada, the United States, the United Kingdom, the European Union, Australia, Norway and Iceland and are of the age of majority or older in your jurisdiction;
      3. you have provided true, accurate, current, and complete registration information about yourself as prompted by the Service, and will maintain and promptly update such information to keep it true, accurate, current and complete;
      4. you are not a person barred from receiving the Service under the laws of the jurisdiction in which you are resident or from which you use the Service;
      5. you are not an insurance company or an employer attempting to obtain information about an insured person or a current or prospective employee;
      6. you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use, which includes:
        1. using any information received through the Service to attempt to identify other customers, to contact other customers, or for any forensic use;
        2. causing harm to any third party;
        3. attempting to or actually overriding any security component of the Service; and
        4. violating the terms of these Terms of Use or any related agreement, applicable law, or any regulations having the force of law.
        5. In case of a breach of any one of these representations and warranties, ContactPoint 360 has the right to suspend or terminate your subscription to the Service and refuse any and all current or future use of the Service (or any portion thereof), and you will defend and indemnify ContactPoint 360 and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
  13. Disclaimer
    1. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS IN SOME CASES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS AND EXCLUSIONS BELOW MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
      1. YOUR USE OF THE SERVICE, THE APPLICATION AND THE CONTENT IS AT YOUR SOLE RISK. THE SERVICE, APPLICATION AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONTACTPOINT 360 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
      2. CONTACTPOINT 360 MAKES NO WARRANTY THAT: (A) THE SERVICE, APPLICATION AND CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE, APPLICATION AND CONTENT WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (C) THE RECOMMENDATIONS THAT MAY BE MADE BY US WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (E) ANY ERRORS IN THE APPLICATION OR CONTENT WILL BE CORRECTED;
      3. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL;
      4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE; AND
      5. YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. CONTACTPOINT 360 DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM AND, THEREFORE, CONTACTPOINT 360 SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
      6. CONTACTPOINT 360 DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS APPLICATION AND THE CONTENT, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB APPLICATIONS OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB APPLICATION, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE APPLICATION, THE CONTENT OR ANY PORTION THEREOF, (E) YOUR USE OF THIS APPLICATION, THE CONTENT AND THE SERVICE, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS APPLICATION, THE CONTENT OR THE SERVICE.
  14. LIMITATION OF LIABILITY
    1. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS SOME TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS BELOW MIGHT NOT APPLY TO YOU. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ContactPoint 360 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (INCLUDING, WITHOUT LIMITATION, LEGAL FEES), EVEN IF ContactPoint 360 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE OR THE APPLICATION; (B) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICE OR THE APPLICATION; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (D) UNAUTHORIZED ACCESS TO, USE OF, ALTERATION OF OR DESTRUCTION OF YOUR TRANSMISSIONS OR DATA, INCLUDING YOUR PERSONAL INFORMATION; (E) THE IMPROPER AUTHORIZATION FOR THE PROGRAM BY SOMEONE CLAIMING SUCH AUTHORITY; OR (F) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, CONTACTPOINT 360’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
  15. Indemnification
    1. You agree to defend and hold ContactPoint 360, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of any other person.
  16. No resale of service
    1. Other than pursuant to the terms of these Terms of Use, or unless otherwise agreed in a separate written agreement signed by both you and ContactPoint 360, you agree not to act as a reseller or distributor of the Service or to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
  17. MODIFICATION of service
    1. ContactPoint 360 reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice. You acknowledge and agree that ContactPoint 360 shall not be liable to you or to any third party for any delay, modification, suspension, or discontinuance of the Service.
  18. Third party rights
    1. The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability), and 16 (Indemnification) are for the benefit of ContactPoint 360 and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Application. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
  19. UNLAWFUL ACTIVITY
    1. ContactPoint 360 reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
  20. Remedies for Violations
    1. ContactPoint 360 reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Application and any other ContactPoint 360 web sites, application and/or their features.
  21. TERMINATION of service
    1. Without limiting its other remedies, ContactPoint 360 may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the licence granted under these Terms of Use and the Service provided to you if, in ContactPoint 360’s absolute and sole discretion, you fail to comply with any terms or conditions of these Terms of Use.
  22. Additional Terms
    1. Entire Agreement. These Terms of Use shall constitute the entire agreement between you and ContactPoint 360 and supersedes all prior agreements and understandings oral or written relating to the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
    2. Force Majeure. Any delay or failure to perform any provision of these Terms of Use by ContactPoint 360 as result of circumstances beyond its control (including, without limitation, war, strikes, flood, governmental restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall not be deemed to be a breach of these Terms of Use.
    3. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Application, the Privacy Policy and, if applicable, the Posting Policy and constitute the entire agreement with respect to access to and use of this Application. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
    4. Waiver. The failure of ContactPoint 360 to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
    5. Governing Laws and Jurisdiction. These The Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario, Canada and any action arising out of or relating to these Terms of Use shall be filed only in Toronto, Ontario, Canada and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
    6. Modification to Terms of Use. ContactPoint 360 reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Application and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Application after any such changes constitutes your consent to such changes.
    7. Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    8. Headings. Headings and section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
    9. Assignment. You may not assign or delegate any rights or obligations under these Terms of Use. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, ContactPoint 360 for any third party that assumes our rights and obligations under these Terms of Use.
  23. CONTACT
    1. If you have any questions about the practices of this Application or ContactPoint 360 Inc., please contact us by mail at ContactPoint 360, 6285 Northam Drive 4th Floor Mississauga, Ontario , Canada | Phone: +1 866 522 1464

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