Date last revised: January 18, 2016
TERMS & CONDITIONS
1. Accepting the Terms
By registering for and using the Service, which includes without limitation visiting or browsing the Site, you agree to be bound by all of the terms and conditions of this Agreement and hereby enter into a binding agreement with Bazinga. The terms “you” or “user” refer to a person that has registered with Bazinga, and also includes someone who is visiting and browsing the Site. The terms “we” or “us” refer to Bazinga. If you wish to become a user and use the Service, you must read this Agreement and indicate your acceptance during the registration process. You may not use the Service, and we will not form a binding agreement with you, if you are not of a legal age in the jurisdiction you reside. The Service is not available to anyone under the age of 13. Bazinga may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. If you accept this Agreement, you represent that you have the capacity to be bound by all of its terms or, if you are acting on behalf of a company or other legal entity, you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Description of Service
The Service is a community management and social network service that allows users to maintain their home, manage their building, and connect with their neighbours. Through the Service, users can share information, communicate with other users, participate in decision making for their community, reserve and maintain common property and access value-added services. Please note that certain aspects of the Service will not be available to all users.
3. Your Registration Information
When you register for the Service, you will be required to provide your name, email address and a password, which collectively form your “Registration Information”. Together, your password and email address allow you to access the Service. You understand and agree that you are solely responsible and liable for all activity that occurs on your account, and shall be responsible for maintaining the confidentiality of your password. You are also responsible for keeping your Registration Information up to date and accurate. If you do not do this access to the Service may be affected. If you become aware of any unauthorized use of your Registration Information, you agree to notify Bazinga immediately at: firstname.lastname@example.org.
4. Your Use of the Service
Your right to use the Service is personal to you and is not transferable by you to any other person or entity. You are entitled to use the Service for lawful purposes only and only in accordance with the terms and conditions of this Agreement. You are solely responsible for all of your activity in connection with the Service.
We may interrupt or disable your access to the Service from time to time for any reason, including, without limitation, the need to update, provide maintenance to or repair the Service, or if we believe in our sole discretion that you have violated the terms of this Agreement.
5. Use with your Mobile Device or Tablet
Use of the Service is available through a mobile application, as well as through the regular web application, on your device or tablet and may require additional software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device or tablet and telecommunications provider. Please see the section entitled Disclaimer of Representations and Warranties below.
6. Online and Mobile Alerts
Bazinga may from time to time provide you with voluntary and mandatory automatic alerts. Automatic alerts may be sent to you based on high-priority activities on the Service, such as a message from your community administrator being sent, or following certain changes made online to your account, such as a change in your Registration Information. Voluntary alerts may be turned on, off or customized by you, while high-priority mandatory alerts may not. Bazinga may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion. Electronic alerts will be sent to the email address you have provided in your Registration Information or pushed to the mobile application if you have downloaded and are using it.
7. Rights You Grant to Us
8. Bazinga’s Intellectual Property Rights
The contents of the Service, including its “look and feel” (which includes, without limitation, text, graphics, images, logos, designs and button icons), photographs, videos, audio, editorial content, notices, software (including html-based computer programs) and other material (collectively, the “Bazinga Intellectual Property”), and the way in which we use the Bazinga Intellectual Property in providing the Service, are proprietary to Bazinga and protected under applicable copyright, trademark, trade secrets, patents or other intellectual property laws. The contents of the Service are owned by or licensed to Bazinga or its software or content suppliers. Bazinga grants you the right to use the Service subject to these terms. You may download or print a copy of the Bazinga Intellectual Property provided on the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any of the Bazinga Intellectual Property from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.
9. Access and Interference
You agree that you will not do any of the following:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site, without Bazinga’s express written consent, which may be withheld in Bazinga’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Google’s Chrome, Microsoft’s Internet Explorer, Apple’s Safari or Mozilla’s Firefox);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service.
10. Content/Prohibited Activity
As part of the Service, Users may post Content on bulletin boards, activity feeds and at various other locations on the Site that are available to other Users, or transmit Content to one or more Users through the Service’s messaging service. If you post any Content, you agree to follow these rules:
- You are responsible for all Content you submit to, transmit through or post on the Site. You may not submit, transmit or post any message that is libellous or defamatory. Unless in accordance with applicable law, you may not submit, transmit or post any message that discloses private or personal matters concerning any person.
- You may not post or transmit any Content that is indecent, obscene, pornographic, harassing, threatening, bullying, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not post or transmit any Content that would violate the intellectual property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not copy, reproduce or use information that personally identifies other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
- You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
- By posting any User Content on the Service, you hereby grant to Bazinga a limited license to use, modify, publicly perform, publicly display, reproduce and distribute such User Content solely on and through the Service. The license you grant to Bazinga is non-exclusive (meaning you are free to license your User Content to anyone else in addition to Bazinga), fully-paid and royalty-free (meaning Bazinga is not required to pay you for the User Content that you post and/or for it use by Users in connection with the Service), sub licensable (so that Bazinga is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Service). This license will terminate at the time you remove your User Content from the Service.
- You will only post User Content that you own, or otherwise have the right to grant the license for.
- You will pay for all royalties, fees and any other monies owning any person by reason of any User Content posted by you.
- Bazinga reserves the right to remove any Content that it believes in its sole discretion is not in compliance with the foregoing rules, the terms of this Agreement or applicable law.
11. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES ASSOCIATED WITH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE CONTENT AND ALL SERVICES ASSOCIATED WITH THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT AND ALL SERVICES ASSOCIATED WITH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAZINGA OR THROUGH THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WITHOUT LIMITING THE FOREGOING, BAZINGA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, CONSULTANTS, CONTRACTORS AND LICENSORS PROVIDE NO WARRANTIES IN RESPECT OF THE FOLLOWING: (A) THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (B) THAT THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE WILL MEET YOUR REQUIREMENTS; (C) THAT THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THAT THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (F) THAT THERE WILL BE AVAILABLE TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (G) THAT YOU WILL NOT INCUR ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION AS A RESULT OF THE TELECOMMUNICATION SERVICES; AND (H) THAT THERE WILL NOT BE ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR A FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES. ANY CONTENT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
12. Limitations of Liability
To the maximum extent permitted by applicable law, in no event shall Bazinga or any of its directors, officers, employees, shareholders, consultants, contractors or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, or unavailability of the content and all services and products associated with the Service.
Under no circumstances will Bazinga be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the content and all services and products associated with the Service, or the information contained therein.
To the maximum extent permitted by applicable law, Bazinga, its processors, its suppliers, and its licensors (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility for any:
Errors, mistakes, or inaccuracies of content; Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the content and all services and products associated with the Site or provided through the Service;
Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
Any interruption or cessation of transmission to or from the content and all services and products associated with the Service;
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the content and all services and products associated with the Service;
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the content and all services and products associated with the Service; and/or
User content or the defamatory, offensive, or illegal conduct of any third party.
Notwithstanding anything to the contrary in this Agreement, Bazinga’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to C$50.00 (fifty Canadian dollars). Furthermore, no action, whether in contract or tort (including negligence), or otherwise arising out of or in connection with your access to the Site, your use of the Content or the Bazinga Intellectual Property, and all services and products associated with the Service or otherwise in connection with this Agreement may be brought by you more than six (6) months after the cause of action has occurred. This limitation of liability section applies whether the alleged liability is based in contract, tort, negligence, strict liability, or any other basis, even if Bazinga has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
13. Indemnification of Bazinga
You shall defend, indemnify and hold harmless Bazinga and its officers, directors, employees, shareholders, consultants, contractors and licensors from and against all claims and expenses, including but not limited to legal fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
14. Terminating Relationship with Bazinga
This Agreement will continue to apply until terminated by either you or Bazinga as set out below. If you want to terminate this Agreement with Bazinga, you may do so by contacting us by email at email@example.com and requesting to close your account for the Service.
Bazinga may at any time, terminate this Agreement with you:
If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with, the provisions of this Agreement);
If Bazinga in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
For any reason, immediately upon written notice from Bazinga to you at the e-mail address provided by you as part of your Registration Information.
15. Governing Law and Forum for Disputes
This Agreement shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein without regard to its conflict or choice of laws or provisions. Each of the parties hereby irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of British Columbia with respect to any matters arising out of this Agreement.
If any court of competent jurisdiction deems any provision of this Agreement, as amended from time to time, to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement shall remain in full force and effect.
If, for any reason, Bazinga does not exercise or enforce any legal right or remedy which it is afforded in, by or pursuant to the Agreement (or which Bazinga has the benefit of under any applicable law), this will not be taken to be a formal waiver of Bazinga’s rights or remedies, and such rights or remedies shall still be available to Bazinga.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
1. Information Collected
Bazinga collects information in order to provide our Service to Users, enabling them to efficiently share information and manage their communities online. We collect information in several ways:
- Information initially collected from community administrators. When a new community signs up with Bazinga, resident information is provided such as name, mailing address, role in the community, phone number, email address and other public information the resident has provided to their community administrators (i.e. developer, property manager, strata council, board of directors or home owner’s association).
- Information from residents. When residents sign in they have the option to provide additional information about themselves and their home, with privacy controls in place to manage what is shared with neighbours vs. community administrators.
- Information added by community administrators. Community administrators have the ability to upload and store community documents and information for community management purposes. These documents and information are securely maintained and protected against unauthorized access.
2. Cookies and Other Technologies
The Site uses technologies such as “cookies”. These technologies help us better understand User behaviour, and tell us which parts of our website people have visited and helps us improve our Service. Information collected is securely maintained and isn’t shared externally.
3. Use of Information Collected
Bazinga uses the information collected to provide, maintain, protect and enhance the user experience with our Service. We also use this information to offer tailored content and experience to Users. We don’t share or sell Personal Information to third parties, organizations or individuals outside of Bazinga, except as deemed necessary in order to provide the Service.
- View resident and unit details
- Activate and terminate User accounts
- Access documents stored in unit profiles
Sharing for legal purposes. Bazinga will share information with companies, organization or individuals in the event that access, use or disclosure of the information is deemed reasonably necessary to:
- Meet any applicable law, regulation, legal process or enforceable government request.
- Enforce applicable Terms of Agreement, including investigation of possible violations.
- Detect, prevent or otherwise address fraud, security or technical issues.
- Protect against harm to the rights, property or safety of Bazinga, our Users or the public as required or permitted by law.
4. Protection of Personal Information
Bazinga takes precautions to safeguard your Personal Information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
Bazinga uses a combination of firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of your online session and to protect the Site, accounts and systems from unauthorized access.
5. Access to Personal Information
You can help ensure that your Personal Information and preferences are accurate, complete, and up to date by logging in to your account at the Site. We provide you with direct access to your Personal Information so you can modify it or request that your community administrator update or delete it, if they are not required to retain it by law for a specified period of time.
6. Privacy Questions
Bazinga Technologies Inc.
Suite 419 – 1155 West Pender Street
Vancouver, BC V6E 2P4