These Terms and Conditions applies to the use of Treasured Inc. (“Treasured Inc.” or
the “Company”) website located at www.Treasured.ca (the “Website”) and products
offered by Treasured Inc. (the “Products”) to customers (hereinafter the
“Customer” or “You”). By using any Treasured Inc. service, using the Website,
or completing the registration process, You are deemed to have read and agreed to the following terms and conditions:
Treasured is an information communication technology firm operating in the Greater Toronto Area, Ontario, Canada. Treasured Inc. was founded with the vision to prevent the loss of family history from generation to generation. The team imagined a solution that would engage all age groups to tell and share their stories. Treasured currently services customers in the jurisdiction of Ontario, Canada and Utah, United States of America. If you are accessing our Website or Products from a jurisdiction outside Canada, you hereby agree that your use of the Website or Products shall remain at all times subject only to the laws of Ontario and Canada. To the extent permitted by applicable law, we reserve the right to deny or terminate service to any member at our discretion.
All Customers must access the Products through the Website by providing their name, phone number, email, and address (the “Credentials”). Customers on the website can select a Product, utilize features offered and make payment. The Customer acknowledges and agrees that they will (1) provide true, accurate, current and complete information about yourself as prompted by the Products’ registration form (the “Registration Data”); (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (3) enter valid payment information. Treasured Inc. reserves the right to refuse any Service request any time for any reason whatsoever with no prior notice or compensation owing to Customer.
Treasured provides the following products and services for sale to Customers:
(Collectively the “Services” or the “Products”)
Our Services are available for purchase on a annual subscription basis. Upon selecting and completing payment for the desired subscription, Customers will be able to access a user account on our Website (the “Account”) through which the Customer can interact with their selected Products and/or Services. Users may only create one Account per individual. You must at all times provide accurate and truthful information regarding your identity when creating an account and may not create an Account for another individual without their explicit written permission. Treasured Inc. reserves the right to suspend or cancel an Account at its sole discretion at any time and for any reason upon notice to you.
You are responsible for updating your Account access passwords regularly. It is strongly recommended that passwords or login information or any other confidential information not be shared by email unless encrypted. Within an Account, Customers can complete payments, upload images, video, and audio (the “User Content”), populate and tour their “Interactive 3D Family Museum” (the “Family Museum”), share their Family Museum with guests, and safely store their User Content online. Customers are responsible to ensure that all User Content complies with our Site Content Standards detailed herein. User Content will be stored using our secure storage for all active Accounts but may be deleted upon the cancellation of your Account or the Services. User Content will never be shared or utilized by Treasured Inc. other than as necessary for the provision of its Products and Services. Customer Accounts may be accessed through our Windows PC downloadable software or via third party web browser access at www.treasured.ca.
You may cancel your Account at any time by contacting us by email at email@example.com or by phone at 1- 877- 680- 2025 (Mon-Fri 8AM-8PM, Sat-Sun 9AM-5PM) subject to our Refund Policy. The Company also reserves the right to suspend or end the Services if you are found to be in breach of this Terms and Conditions, or for any other reason subject to this Terms and Conditions.
All service agreements must be entered directly between the Customer and Treasured Inc. The Customer must select their desired subscription type and pay the requested price prior to the Product or Service being delivered to the Customer. Fees for the different subscription types are specified on our Website. Additional fees may apply for premium features. Premium
features include, but are not limited to, in app purchases. Fees may vary due to tax rates in various provinces across Canada and states in the US. If You desire a quote for a custom Product, please contact us at firstname.lastname@example.org.
If You desire a quote for a custom Product, lease contact us at email@example.com.
All prices are shown in US dollars (and are exclusive of applicable taxes).
The Company accepts no liability to complete any transaction which cannot be cleared by the Company’s payment processor, whether due to insufficient funds or otherwise. If such situation occurs, you will receive an error message and the transaction will be denied. Moreover, we may suspend your access to your Account and contact you to provide valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to us.
All Customer payments must be paid immediately upon activation of the Account or, for Services provided on a custom-basis, within 30 days from the date of receipt of an invoice from the Company. Payments may be processed through a third-party payment processing service from time to time. Customers shall make all payments in accordance with the fees, charges, and billing terms in effect at the time Fees are due and payable. The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Website or by email delivery to the Customer.
You take sole responsibility for the payment of any sales tax and any related penalties or interest to the relevant tax authority if you fail to pay the sales tax for the Services (the “Sales Tax”). You hereby indemnify the Company for any liability or expense we may incur in connection with such Sales Taxes.
You may be required to provide the Company with evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that the Company is permitted to pass to its Customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Customers may cancel their Account at any time by sending an email to firstname.lastname@example.org. Upon cancellation, the Customer’s Account will be deleted along with any information or data stored on behalf of the Customer by the Customer or uploaded by the Customer to the Website.
The Company reserves the right to terminate any Services, Products or your Account for any reason at any time, including the ending of services that are already underway. If any payment processing request is rejected at any time for any reason, the Services and Account shall be immediately terminated and you will be notified of the termination within twenty-four (24) hours. No refunds shall be offered where a Service is deemed to have been completed by the Company in its sole discretion. Any monies that have been paid to the Company which constitute payment in respect of the provision of unused Services or Products may be refunded at your request. Refunds may also be available on a case by case basis at the Company’s sole discretion by contacting email@example.com.
Except as otherwise provided, subject to your compliance with these Terms and Conditions, and in consideration of your adherence to these terms and payment of any applicable Fees, the Company grants to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access the Website (ii) cause the Website to be displayed from a computer and/or mobile device and (iii) use the Website, solely as permitted under these Terms and Conditions (the “License”). The Company and its affiliates and licensors reserve all rights not expressly granted to you in these Terms and Conditions. Your rights herein are only as described above for this limited License. The License granted under this Section may be terminated by the Company for any reason at the Company’s sole discretion.
You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software,code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, has been filed for Trademarks in Canada and the US, the Company logo, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners.
Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action. You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
(a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
(b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
Users are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If You print off, copy or download any part of our Website in breach of these Terms and Conditions, your right to use our Website will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.
For the purposes of this Section, the following definitions shall apply:
a. “Business/Service Interruption” means any delay or stoppage to the Services forced upon the Company by reasons which could not have been reasonably foreseen or prevented;
b. “Computer Security” means the programs and software the Company utilizes to protect its and its Customer’s Data;
c. “Cyber Extortion” means any direct or indirect attempt to coerce the Company or its representatives through online or electronic means into any form of exchange to prevent a threatened action by the coercing party;
d. “Data” means any electronic information, text, image, video or other code in the possession of the Company.
e. “Data Asset” means any electronic information, text, image, video, or other code provided by the Customer or created by the Company further to the provision of its Services;
f. “Force Majeure” includes, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services;
g. “Information” includes Personally Identifiable Information, Data, Data Assets, and any other documentation which could be reasonably foreseen as having intrinsic or economic value to the Customer and/or the Company;
h. “Malicious Code” means any code in any part of a software system or script that is intended to cause undesired effects, security breaches or damage to a system.
i. “Personally Identifiable Information” means any information that alone or in combination with other information held by the Company can be used to specifically identify
j. “Security Breach” means any compromise of the Company’s personal or corporate accounts, computers, or any other password-protected information, that leads to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to protected data transmitted, stored or otherwise processed.
Treasured takes our Customer’s security extremely seriously. While we endeavour to take every reasonable precaution to protect your information, certain events outside of our control, including but not limited to cyber extortion, hacking, business/service interruptions, and force majeure events, may result in the disclosure, damage, or destruction of such information and further subsequent damage. In such event, The Company shall not be held responsible or liable for any theft, damage, loss or unauthorized disclosure of personally identifiable information or third party information or business or tax records or any other information or records that are in the care, custody or control of the Company. Further, in such event, the Company shall not be held liable or responsible for any Customer inability to access a data asset or business service interruption that is a direct or indirect result of:
a.The plagiarizing of any other Customer’s Data;
b. The reproduction or unauthorized use of copyright Data;
c. The alteration, corruption, destruction, deletion, or damage to data stored on the Company’s computer systems;
d. Data loss, damage or Inability to access a data asset and/or intellectual property infringement that is caused by a security breach;
e. Data loss, damage or Inability to access a data asset or business/service interruption due to corruption of the data as a result or unforeseen or reasonably unpreventable computer hardware, software or firmware
f. Data loss, damage or Inability to access a data asset or business/service interruption due to satellite or internet failure;
g. The failure to prevent transmission of malicious code from the Company computer systems to computer or network systems belonging to a Customer of the Company or related third party;
h. The failure to prevent a loss or threat caused by cyber extortion. The Company shall not be held responsible or liable for any damage or loss to a Customer’s data, data assets, intellectual property, or physical records or documentation which result from a force majeure event.
As a condition of your access and use You agree that You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Website, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws and regulations. Without limiting the foregoing You warrant and agree that your use of the Website and any User Submissions shall not:
(b) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such prohibited ground or be otherwise objectionable.
(c) Involve, provide or contribute any false, inaccurate or misleading information.
(d) Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
(e) Transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
(f) Include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
(g) Include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(h) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(i) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
(k) Plagiarize any other Customer’s User Content.
(l) Reproduce or use without authorization any copyrighted material.
Unless otherwise stated, the services featured on this website are only available within North America. All advertising is intended solely for the Ontario market. The Customer is solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through the Website. Redistribution or republication of any part of the Website or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Treasured Inc. Treasured Inc. does not warrant that the service from the Website will be uninterrupted, timely or error free, although it is provided ensuring the a repute service on a best efforts basis.
Treasured Inc. attempts to make every effort to ensure that the content on the Website (the “Content”) is complete and current. However, Treasured Inc. does not warrant the quality, accuracy or completeness of Content on our Website. Such information is provided “as is” without warranty or condition of any kind. This Website may include inaccuracies, typographical errors, errors or omissions. Such errors, inaccuracies, typographical errors or omissions may relate to price or to product description or availability. In no event shall Treasured be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use or performance of Content available on the Website.
Treasured Inc. does not provide legal advice, recommendations, or legal services online. Website content and information is intended only to indicate possibly relevant legal information, services, and resources and should only ever be understood, interpreted, and treated as such. Any other understanding, treatment or interpretation of Treasured Inc. website content or information is unsolicited and at the sole risk of the user. Treasured Inc. website content and information is provided without any warranty of any kind.
Neither party shall liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising,earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into,nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonableendeavours to comply with the terms and conditions of any Agreement contained herein.
You must comply with applicable third party terms of agreement when using the services of a third party contracted by the Company .
You understand and agree that your use of the website, its content, and any services or items found or attained through the website is at your own risk. The website, its content, and any services or items found or attained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Neither the company nor any affiliates nor their respective directors, officers, employees, agents or service providers makes any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the website or its contents. Without limiting the foregoing, neither the company nor any affiliates nor their respective directors, officers, employees, agents or service providers represents or warrants that the website, its content, or any services or items found or attained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the website and your computer, internet and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items found or attained through the website or to your downloading of any material posted on it, or on any website linked to it.
Treasured takes customer security and privacy very seriously. We utilize a number of precautions including managed it services, remote monitoring software, external backups, and computer firewalls. However, the company cannot and shall not be held responsible for any damage or injury caused directly or indirectly by a data breach or any other loss of customer
data which was outside our control. This limitation of liability shall apply to all customer data, whether in electronic or physical form, and regardless of whether such data was produced by the company or provided by the customer.
Under no circumstance will the company, its affiliates and their respective directors, officers, employees, agents, or service providers be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, reliance on, the website, any linked websites or such other third party websites, nor any site content, materials, posting or information thereon.
To the maximum extent permitted by applicable law, You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
To the fullest extent permissible by law, other than in the event of a finding of gross negligence by an Ontario court, Treasured’s total liability to you shall not under any circumstances exceed the total amount of all monies paid by you to Treasured.
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Ontario or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over You by such courts and to the venue of such courts.
This Terms and Conditions is not to be assignable except as may be contemplated hereunder but will enure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.
Notwithstanding any other provisions of this Terms and Conditions, you acknowledge and agree that the Company may obtain an injunction or other appropriate relief against you if you contravene or fail to comply with any provision of this Terms and Conditions in any way and you further agree that the provisions of this paragraph may be pleaded against you by way of estoppel or defence to a claim by you that an injunction or other appropriate relief should not be granted.
These Terms shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
By using the Company website, purchasing any items through the Company, or using the Company’s services you acknowledge and agree that you (i) have had sufficient time to review and consider this Terms and Conditions thoroughly; (ii) has read and understands the terms, the nature and the consequences of this Terms and Conditions and the obligations hereunder; (iii) have been given an opportunity to obtain independent legal advice concerning the interpretation and effect of this Terms and Conditions.
No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege here under precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Failure of Treasured Inc. to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Treasured Inc. reserves the right to contact you from time to time for feedback regarding our Products and Services. We will also contact any Customer who files a complaint with the Company regarding a representative of the Company, the Products, or the Services overall. Notices to Customers will be deemed effective at the time they are sent by the Company or as of the date they are posted on the Website.
Treasured is solely responsible for providing any maintenance and support services with respect to the Website when required from time to time or as required under applicable law. If You notice a problem or error on the Website You can report it to firstname.lastname@example.org
Treasured Inc.’s contact information for any end-user questions, complaints or claims with respect to Company Properties is email@example.com