HITOUCHWEB TERMS OF SERVICE
Welcome to Hitouchweb.com, the official website of Hitouchweb solutions provided by Hitouchweb, a business located in the Province of Ontario, Canada. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our services. Throughout this document, the words “Hitouchweb” and “Hitouchweb,” “us,” “we,” and “our,” refer to us, Hitouchweb, our website, Hitouchweb, or our mobile app, as is appropriate in the context of the use of the words. Likewise, the words “you,” “user,” and “your” refer to you, the person who is being presented with this document for your agreement.
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. Really, the phrases are straightforward, but we are located in Canada, where we say “aboot” instead of “about” and pronounce the last letter of the alphabet as “zed,” so some interpretation may be required for our American brethren to the south. Here goes:
“Agreement” means these Terms of Service;
“Hitouchweb” and “Hitouchweb” refer to our company (Hitouchweb Inc.), our Site, or our Service, depending on the context of the usage;
“Service” refers to the services that we provide to you, as our client;
“Site” refers to our website, www.Hitouchweb;
“User” refers to you, those who use our Service, and general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Hitouchweb.
3. Description of Service
Hitouchweb builds websites, mobile websites, and Google places listings, and sets up clients’ blogs and social media pages. You may never use this advice, but if you ever travel back in time further than twenty years or so, don’t repeat the first sentence to anyone or you might be locked up in an insane asylum.
We also provide online backup services, and our services help our clients to attract new customers and communicate clearly with existing ones. Our online backup service provides a very cost-effective and easy-to-use means to secure and safe-keep important business data in a cloud-based solution. And no, “cloud-based solution” does not mean that we store your data on a zeppelin.
Using specialized tools and, in some cases, wizardry, we remove unnecessary complexity from the design and implementation process to provide an effective web presence at low cost.
Clients can sign up for our services either through our agents or directly on our website.
4. Information Supplied
When using our Service, you will provide your name, e-mail address, mailing address, credit card information, telephone number, mobile phone number, Facebook profile information to us, business description, product and service description, relevant photos, and videos that promote your business. We may collect this information and other information in order to use it to provide the services which you purchase.
In addition to providing us with the above information about yourself, you hereby attest that you are at least thirteen years of age—this is necessary because, although we are based in Canada, we may permit Americans to use our Service, so we have to comply with the Children’s Online Privacy Protection Act. If you live outside of the United States, you must still not use our service if you are under the age of thirteen years of age, but additional restrictions apply.
Users not located within the United States must in addition to the above abide by their respective jurisdictions’ privacy laws. For example, if you are located in the Netherlands, you must be at least sixteen years of age to use our service, or you must have parental consent to use our service. However, even if you are under sixteen and obtain parental consent to use our service, you must still be at least thirteen years of age in accordance with the above American legal requirement. Also, please send us a pair of those wooden clogs because they’re really cool and we can’t find them around here.
If no concrete privacy legislation governs minors in your jurisdiction, but best practices exist as recommended by a government or pseudo-government agency, you must abide by those best practices in addition to the requirements for those who live in the United States. For example, the United Kingdom recommends that providers voluntarily abide by a non-compulsory system in which any user under sixteen must obtain parental consent to provide information online. We Canadians have the same Queen on our money as you do, so if you’re British, don’t think that Canada’s some anarchistic warzone portion of the Commonwealth that ignores the Rule of Law. That’s what Australia is for.
To summarize, you must abide by foreign law and best practices set at a national and/or regional government level, and the rules under such laws and best practices are hereby incorporated into this Agreement by reference.
We use a third party payment processor to process any payments made to us. You agree that we are not responsible for any failure of this processor to remit payment to us that you may make through them, or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with the processor before we will supply the goods or services which you purchased from us.
Additionally, some of the services that we provide may be offered bythird parties, in which case the information you provide to us, and the payment you make, may be transferred to or collected by such third parties.
Please note that chargebacks are only appropriate for certain disputes, such as non-delivery of our service to you. Any use of fraudulent chargebacks simply to get free services is strictly prohibited, and will be dealt with by reporting such chargebacks to the infringing User’s local police department and a credit bureau, as well as referring the matter to a court of competent jurisdiction and telling your mom on you.
If you conduct a chargeback against Hitouchweb, whether because you are dissatisfied with the results of your purchase or for some other reason including alleged non-delivery of our Service, you agree that you are liable for the amount returned to you from Hitouchweb. In other words, you agree that you will not conduct chargebacks in such situations, as you will be liable for the amount of the chargeback, and that you will instead bring disputes according to the “Forum of Dispute” section of this Agreement.
Although we strive to use our Service to improve or promote your business, we cannot provide any assurances that this will happen. For example, because Google’s algorithm is not made public and is more mystical to and sought after by Internet marketers than the Holy Grail, certain activities bear the risk of decreasing your search rankings.
Therefore, you agree that we will take reasonable steps to improve your business using our Service, but that we are not liable for any loss of business, or lack of change in business, and that we do not in any way warrant an increase in your business as a result of the use of our Service.
7. Rules of Publication
We do not actively monitor the materials published through the blogs, social media, or other services that we offer our clients. However, we do prohibit certain kinds of publications from being published through our Service and will terminate the provision of our Service to you and, if applicable, report the matter to the appropriate authorities if unlawful material activity is engaged in using our Service. Therefore, you agree that when using our Service, you will not publish anything that:
- Violates the Criminal Code of Canada.
- Violates any applicable human rights legislation, including the Canadian Human Rights Act, Ontario Human Rights Code, Treaty of Paris 1763, Treaty of Algeron 2311, or any other applicable legislation.
- Is fraudulent or otherwise involves financial violations or false representations, such as financial prospectuses not authorized by the Ontario Securities Commission, or materials which promote schemes that violate the Competition Act, R.S.C., 1985, c. C-34.
- Infringes on the intellectual property rights of any person.
- Defames any person.
- Otherwise infringes on the rights of a third party, political party, or birthday party.
- Otherwise violates the laws of any political entity having jurisdiction over this Agreement or our Site or Service, or any provision of this Agreement.
If you are an American user, note that a number of materials which may be protected speech under the First Amendment to the United States Constitution are prohibited either by criminal law or pseudo-criminal human rights legislation in Canada. It is your responsibility to determine whether such materials are in violation of Canadian law, and you should consult with an attorney admitted to practice in a Canadian province or territory if you are unsure as to the legality of your proposed publication. Or, roll some dice or something.
Okay, we’re not like certain companies that are so litigious that we’ll sue you for singing “Happy Birthday” or something, but we do need to protect our important business materials using the applicable copyright laws. So, by using our Service, you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, or our app, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing the materials that we provide, even if such materials would otherwise be publicly available. Such copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data, but can also negatively impact our network capacity and we hear may stain your teeth, so don’t do it.
9. Your Copyright
When we set up social media, blogs, or other materials of yours, we need to know that we can use the content that you provide us with without having to search for and delete it at a later date due to a legal request. Therefore, whenever submitting content to us, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content.
10. Extent of License
Any apps that we make available for your phone or other device are provided on a limited basis only. Once you have downloaded the app your rights are limited to your personal use. This means you cannot sell our app anywhere else, share your license to use our app with anyone else, or try and make money off of it without our express written permission. Even if we offer our app for free, you must still abide by these provisions and not copy or otherwise use our app in a manner prohibited by this section. You obtain no ownership rights when you purchase and download our app, but are instead buying a license to install and use the app within the confines of this Agreement. To summarize, if we see that you have set up a hybrid lemonade-Hitouchweb app stand at the side of the road, we will be confused and angry, so please don’t violate the terms of our license.
“Hitouchweb” is a trademark used by the most awesome business promotion company in the universe, Hitouchweb, to uniquely identify our business, website, and app. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
12. Revocation of Consent
Where Hitouchweb Inc. has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use. So, please don’t invest your life savings in a business based solely on selling t-shirts with the word “Hitouchweb” on them, because it might cause trouble in the future if we exercise our rights under this section.
13. Copyright Notices
We fully comply with the Copyright Act, R.S.C., 1985, c. C-42 and Trade-marks Act, R.S.C., 1985, c. T-13. Additionally, though we do not acknowledge being subject to the jurisdiction of any foreign laws or courts, we may voluntarily comply with foreign copyright legislation where is it not inconsistent with the Canadian Charter of Rights and Freedoms, specifically s. 2 which protects the freedom of expression and the right of Canadians to keep and bear hockey sticks. Therefore, if you believe that your intellectual property rights have been infringed under Canadian or foreign law, please send us a message which contains:
- Your name.
- The name of the party whose rights have been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy (a URL or list of URLs is preferable).
- Your signature.
Please send this to us at:
Attn: Copyright Agent
1745 Creek Way, Unit 8
Burlington, Ontario L7L 7E1
We recommend sending the notifications by e-mail or normal mail, as messages in a bottle tend to experience delays. If sending the notification by e-mail, an electronic signature is acceptable.
We can’t really think of when this section would be relevant, because we’re not in the habit of libelling people—it’s bad for business. But, should we wrongfully accuse you of being the one who stole the cookie from the cookie jar, and you intend to file a claim against us for libel, you must mitigate any of the alleged damages by serving us with a Notice of Libel Action within six weeks that the alleged libel has occurred, pursuant to Ontario’s Libel and Slander Act, R.S.O. 1990, c. L.12, s. 5 (1). Please address such notices to us at:
1745 Creek Way, Unit 8
Burlington, Ontario L7L 7E1
15. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS OR INFORMATION MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITE OR APP, INCLUDING THOSE MADE BY OUR USERS. THIS INCLUDES ANY INACCURACY OF BUSINESS LISTINGS OR FAILURE OF ANY GOODS OR SERVICES THAT MAY BE ADVERTISED THROUGH OUR SERVICE.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE OR APP WHICH PREVENT ACCESS TO OUR WEBSITE OR APP TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
16. Specific Disclaimers
Without limiting the generality of our sections covering “Representations & Warranties” and “Indemnity,” you agree that we are not responsible for any losses, whether they are to you or a third party, and that you will indemnify us for any damages or loss resulting from:
- Failure of our backup service.
- Drops in search engine rankings.
- Failure of any portion of our cloud.
- Viruses, glitches, or other malicious or damaging software, whether caused by our app, Site, Service, or otherwise.
- Bear attacks.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
18. Choice of Law
This Agreement shall be governed by the laws in force in the Province of Ontario. The offer and acceptance of this contract is deemed to have occurred in the Province of Ontario.
19. Forum of Dispute
This section limits your right of redress to us in accordance with the rights given to you under s. 7 of the Consumer Protection Act, 2002.
Since the passage of the Humane Justice Ontario Act, 2009, Ontario law now prohibits “jousts, duels, or other trials by combat…[a]s an alternate means of arbitrating civil disputes.” As such, you agree that any disputes arising from or relating to this Agreement or any acts or omissions by Hitouchweb will be heard solely within the Superior Court of Justice of Ontario – Small Claims Division (“Small Claims Court”) and that, even if the damages to which you are entitled exceed the monetary jurisdiction of the Small Claims Court, and even if you are entitled to equitable relief or other relief not eligible to be granted by the Small Claims Court, you will waive those excess monetary damages or equitable relief and bring the action in the Small Claims Court.
20. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, the provisions shall be made to fight to the death in the Thunderdome to determine the one which prevails. If it is found that the conflicting provisions lack the sentience necessary to engage in fights to the death, Hitouchweb shall have the sole right to elect which provision remains in force.
22. Non-Waiver & Right to Engage in Crafty Science
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law, including the right in Canada to practice “witchcraft, sorcery, enchantment or conjuration” or use “crafty science” to discover lost things, as long as it is not done so fraudulently (see Section 365 of the Criminal Code of Canada). Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Termination & Cancellation
We may terminate your account or our provision of services to you, or cancel your order at our discretion without explanation, though we will strive to provide a timely explanation in most cases. If the cancellation is due to the fault of Hitouchweb Inc., our liability for refunding you will be limited to the amount you paid, except in cases where the termination or cancellation was due to your breach of this Agreement, including, but not limited to infringement of our intellectual property rights, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. For example, we may be required to assign our rights to a third party in the event of a merger or acquisition relating to Hitouchweb, or the sale of the rights to the Hitouchweb Service and related services to a third party.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
26. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Hitouchweb must be addressed to our agent for notice and sent via certified mail to: Hitouchweb Inc., 18 Automatic Rd, Unit 9, Brampton, Ontario, L6S 5N5, Canada.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
27. Refund Policy
If you are not 100% satisfied with your purchase, within 45 days from the purchase date, we will fully refund the cost of your order.
Last Updated: June 22, 2012