HolisticDirectory.ca Service Level Agreement (SLA)

 

Terms of Use

July 1st, 2014
 

The HolisticDirectory.ca service (also referred to as "HolisticDirectory.ca" or "TorontoHolisticDirectory.com" or the "Website" or the "Service") is providing a business directory and advertising availability on the Internet. HolisticDirectory.ca is a Starseed Media product, and subject to the following terms and conditions. These terms are in addition to any other terms governing access to the HolisticDirectory.ca ("Website").

This is a legal agreement ("Agreement") between you ("Visitor" or "Member" or "Sponsor") and Starseed Media. By visiting (in any manner) this Website you accept these terms and conditions (the "Terms of Use" or the "Terms of Service"). Please read the Agreement carefully before using the HolisticDirectory.ca service.

By registering and using the HolisticDirectory.ca online service, you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a member. If you do not agree to the terms, please do not register or use this service.

Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. These individuals shall ultimately be responsible for the behaviour of their Non-Human Visitor agents and are liable for violations of the Terms of Service.

The terms are subject to change by Starseed Media at any time, without prior notice. When you register, and from time to time thereafter, Starseed Media will require that you provide sufficient information to indicate that your records are accurate and complete.

Either you or Starseed Media may terminate your HolisticDirectory.ca membership at any time, for any reason, effective upon sending written notice to the party. Starseed Media reserves the right to immediately suspend or terminate your access to the HolisticDirectory.ca service, without notice, upon any breach of this Agreement by you which is brought to the attention Starseed Media.

Your membership in the HolisticDirectory.ca service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

Online Conduct. As a member, you agree that:

You are solely responsible for the content or information you publish or display on the HolisticDirectory.ca service, or transmit to other HolisticDirectory.ca members.

You will not list on the HolisticDirectory.ca service, or transmit to other HolisticDirectory.ca members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

You will use the HolisticDirectory.ca service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any personal names, company names, telephone numbers, street addresses, URL's, E-mail addresses, offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any images containing nudity or personal information. Starseed Media reserves the right, but has no obligation, to reject any profile or image that does not comply with these prohibitions.

You will not engage in advertising to, or solicitation of, other members to buy or sell any illegal products or services through the Service. You will not transmit any chain letters or junk E-mail to other HolisticDirectory.ca members.

You will not list, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

You are solely responsible for your interactions with other HolisticDirectory.ca members. Starseed Media reserves the right, but has no obligation, to monitor disputes between you and other members.

Indemnity by Member. You will defend, indemnify, and hold harmless Starseed Media, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the HolisticDirectory.ca service, including any breach by you of the terms of this Agreement.

Online Content. Opinions, advice, statements, offers, or other information or content made available through the HolisticDirectory.ca service are those of their respective users and not of Starseed Media, and should not necessarily be relied upon. Such users are solely responsible for such content. Starseed Media does not guarantee the accuracy, completeness, or usefulness of any information on the service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will Starseed Media be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the HolisticDirectory.ca service, or transmitted to HolisticDirectory.ca members.

Warning - Please Read: It is possible that other HolisticDirectory.ca members or users (including unauthorized users, or "hackers") may list or transmit offensive or obscene materials on the HolisticDirectory.ca service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Starseed Media is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you list on the HolisticDirectory.ca service or release to others.

Starseed Media reserves the right, but has no obligation, to monitor the materials posted in the public areas of the HolisticDirectory.ca service. Starseed Media shall have the right to remove any such material that violates, or is alleged to violate, the law, or this agreement. Notwithstanding this right of Starseed Media, you remain solely responsible for the content of the materials you list in the public areas of the service and your private email messages. Emails sent between you and other HolisticDirectory.ca members that are not readily accessible to the general public will be treated as private by Starseed Media to the extent required by applicable law.

Proprietary Rights. Starseed Media owns and retains other proprietary rights in the HolisticDirectory.ca service. The Service contains the copyrighted material, trademarks, and other proprietary information of Starseed Media and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

By listing information or content to any public area of HolisticDirectory.ca, you automatically grant, and you represent and warrant that you have the right to grant, to Starseed Media and other HolisticDirectory.ca members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

Information Supplied by Member. Starseed Media will keep confidential all information supplied by you to Starseed Media, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law.

Complaints. To resolve a complaint regarding the HolisticDirectory.ca service, you should first contact HolisticDirectory.ca Customer Support through our contact form, and we will endeavour to respond to you promptly.

Disclaimer of warranty. Starseed Media provides the HolisticDirectory.ca service on an "as is" basis and grants no warranties of any kind, express, implied, statutory, in any communication with Starseed Media or its representatives, or otherwise with respect to the service. Starseed Media specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Starseed Media does not warrant that your use of the HolisticDirectory.ca service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. Starseed Media disclaims liability for, and no warranty is made with respect to, telephone service, including coverage, range, or any interruption in telephone service.

Limitation of Liability. In no event will Starseed Media be liable (i) to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the HolisticDirectory.ca service, even if Starseed Media or its agents or representatives know or have been advised of the possibility of such damages or (ii) to any person other than you. Notwithstanding anything to the contrary contained herein, Starseed Media's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Starseed Media for the service during the term of membership.

In addition, Starseed Media disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users, or "hackers") of the HolisticDirectory.ca service.

Province by Province Variations. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you.

General Provisions. You agree that International law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts. This Agreement, accepted upon registering for the HolisticDirectory.ca service, contains the entire agreement between you and Starseed Media regarding the use of the Service. This Agreement may only be amended upon notice by Starseed Media to you, or by a writing signed by you and an authorized official of Starseed Media unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Terms and Conditions Regulating Email Collection

The website from which you accessed this agreement ("HolisticDirectory.ca" or "the Website") is provided to you subject to the following conditions. These terms are in addition to any other terms governing access to the Website. By visiting (in any manner) the Website you accept these terms and conditions (the "Terms of Service"). Please read them carefully.

Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. These individuals shall ultimately be responsible for the behaviour of their Non-Human Visitor agents and are liable for violations of the Terms of Service.

Special License Restrictions For Non-Human Visitors. Special restrictions on a visitor's license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically. Non-Human Visitors are restricted from taxing the resources of the Website beyond what would be typical of a human visitor.

Furthermore, as specified by the "no-email-collection" flag in the header pages within this Website and/or the contents of the robots.txt file, email addresses on this site are considered proprietary intellectual property of the author of the Website. It is recognized that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access the Website, You acknowledge and agree that each email address the Website contains has a value not less than CAD $500 derived from their relative secrecy. You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, or storing email addresses by Non-Human Visitors is recognized under this agreement as a violation of this agreement and expressly prohibited.

Applicable Law And Jurisdiction. Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service ("Judicial Action") shall be governed by the law of the province or state of residence of the registered Administrative Contact (the "Admin Province") for the Website as such laws are applied to agreements between Admin Province residents entered into and performed entirely within the Admin Province. The visitor to the Website consents to the jurisdiction of federal and provincial courts within the Admin Province. The visitor to the Website consents to the venue in any action brought against him in connection with breaches of these Terms of Service. The visitor to the Website consents to electronic service of process regarding actions under the above agreement.

Non-Transferability. The access rights granted to you under the Terms of Service are non-transferable without the express written permission of the owner of the Website.

Records Of Visitor Use And Abuse. As a visitor to the Website, you consent to having your Internet Protocol address recorded. An email address may appear immediately below (the "Identifier") if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.

Changes to Terms of Use Statement. Starseed Media may revise this Terms of Use Statement at any time without notice. Although Starseed Media will endeavour to highlight any changes to this Statement, you should revisit this site periodically to make sure you are aware of the most recent terms, because they will be binding on you. Your use of the site after such changes constitutes your agreement to such changes.

VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.

If you believe that your copyright has been infringed through the use of the WebSite, please contact our Customer Care team through our contact form, and we will endeavour to respond to you promptly.

 

Privacy Policy and Consent to Use of Data

July 1st, 2014

 

IMPORTANT:  BY SUBMITTING DATA TO US AND/OR USING OUR WEB SITE YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN THE FOLLOWING PRIVACY POLICY.

Privacy Policy. This Privacy Policy describes Starseed Media’s current policies and practices with regard to Personal Data collected by us manually or through HolisticDirectory.ca service (also referred to as "HolisticDirectory.ca" or "TorontoHolisticDirectory.com" or the "Website" or the "Service"). The term "Personal Data" refers but not limited to personally identifiable information about you, such as your name, birth date, telephone number, e-mail address or mailing address.

Notification of changes to this Policy. We are continually improving and adding new functionality and features to this Website and improving and adding to our existing services. Because of these ongoing changes, changes in the law and the changing nature of technology, our data practices will change from time to time. If and when our data practices change, we will (as soon as practicable) post the changes on our Web Site to notify you of the changes. We encourage you to check this page frequently.

Collection of Personal Data including e-mail addresses. We will collect and store the information you give us. You may use this Website to register to receive additional information or services from us. When you register, we ask you for contact information like your name, postal address and e-mail address.

We sometimes supplement the information that you provide with information that is received from third parties. For instance, if inaccurate postal codes are received, we may use third party software to fix them.

Use of Personal Data. The purposes for which we process Personal Data include the followings:

Opt-out choice. If you do not wish to receive information from us and want to be removed from our GTA weekly events calendar mailing list, please use the provided unsubscribe link in each email newsletter. If you do not wish to receive any information from us at all, please contact our Customer Care team through our contact form, to remove your account from the HolisticDirectory.ca service.

Anonymous data collected through this Web Site. In addition to the information we collect as described above, we use technology to collect anonymous information about the use of the Website. For example, we use technology to track which pages of our Website our visitors view. We also use technology to determine which Web browsers our visitor’s use. This technology does not identify you personally; it simply enables us to compile statistics about our visitors and their use of our Web Site.

Our Website contains hyperlinks to other pages on the Website. We use technology to track how often these links are used and which pages on our Website our visitors choose to view. Again this technology does not identify you personally, it simply enables us to compile statistics about the use of these hyperlinks.

We use this anonymous data to improve the content and functionality of this Website and our e-mail updates, to better understand our clients and markets, and to improve our services.

Cookies. Cookies are small pieces of text stored as a file on the computer's hard drive. They are not computer programs. They only contain and transfer to the web server as much information as the users themselves have disclosed to a certain web site.

Cookies are used by your browser and by most websites to help personalise or improve your experience using the world wide web. If you wish to restrict or block the cookies which are set by the Website, or indeed any other website, you can do this through your browser settings. Restricting cookies may affect some of the functionality of the Website, such as the ability to log in to password-protected areas, but most of the site will still be accessible to you.

The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether.

You can find more information about deleting and controlling cookies from the AboutCookies.org website.

HolisticDirectory.ca service will not use cookies to collect personally identifiable information about you. However, in order to provide services to you within this site's extranet (members' area), it is necessary to gather information that will enable the website to personalize, improve and to operate such services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information.

Use of Google Analytics. This website uses Google Analytics, a web analytics service provided by Google, Inc.

Google Analytics sets a cookie in order to evaluate your use of the Site and compile reports for us on activity on the Site to help us understand how visitors engage with the Site and track visitor interactions. Google Analytics collects information anonymously and without identifying individual visitors. http://www.google.com/analytics/terms/gb.html

Google stores the information collected by the cookie on servers in the United States. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By accessing this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Analytics uses its own cookies to store information, such as what time the visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. To disable this type of cookie, some browsers will indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis. In addition to declining cookies, you can also install the Google Analytics Opt-out Add-on in your browser, which prevents Google Analytics from collecting information about your website visits.

Social Plugins - Facebook. This Service uses Social Plugins ("Plugins") of the social Network facebook.com, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). You may find the overview of the Facebook Social Plugins here.

When the User visits a web site with such an offer containing such Plugin, his/her browser builds a direct connection to Facebook servers. The content of the Plugins is directly placed to your browser by Facebook. Starseed Media and the HolisticDirectory.ca service exert therefore no influence at the range of data collected by Facebook with the help of these Plugins and thus inform the User according to its Knowledge.

Through the integration of the Plugin, Facebook receives the information that the User visited a corresponding page of the offer. If the User is logged into Facebook, Facebook can assign the visit to the Facebook account of the User. When the Users interact with the Plugin, for example when they press the button Like or when they submit a comment, the relevant information is directly transmitted to Facebook by their browser and stored there. Even if the User is not a Facebook member, there also exists the possibility that Facebook learns about his/her IP address and stores it. According to Facebook, only anonymous addresses are stored in Canada.

The information on the purpose and scope of data collection and use by Facebook, as well as the information on the relevant rights and set up possibilities can be found here.

In order to prevent Facebook from assigning the visit to our pages to your Facebook User Account, please log out from your Facebook User Account before visiting our page. Moreover, it is also possible to block Facebook Social-Plugins with Add-ons for your browser, for example with "Facebook Blocker".

Social Plugins - LinkedIn. This offer uses Social Plugins of the social Network linkedin.com, offered by linkedin Inc., 2029 Stierlin Court Mountain View CA 94043 USA ("Linkedin").

When the User visits a web site with plugins by Linkedin and is registered as a member of Linkedin, Linkedin uses and stores these information in order to recommend to the User the information especially relevant for him/her. With the help of these information, features which has Linkedin made available to the User become personalized at third-party web sites.

Those Users who wish to deactivate this personalization can reject this function here. Linkedin does not use these information for advertising purposes. Linkedin can provide the HolisticDirectory.ca service, which hosts the Plugins of Linkedin and similar technologies, with reports on collected information about the impressions in order to enable it to measure traffic produced by Linkedin on its web site. The User can reject the use of his/her impression data by Linkedin by clicking here.

Disclosure of your Personal Data. We do not share, sell or distribute your Personal Data with unrelated third parties, except under these limited circumstances:

Where appropriate, before disclosing Personal Data to a third party, we contractually require the third party to take adequate precautions to protect that data and maintain confidentiality.

Data integrity and security. We strive to maintain the reliability, accuracy, completeness and currency of Personal Data in our databases and to protect the privacy and security of our databases. We keep your Personal Data only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.

Our employees and counsellors who have access to Personal Data have been trained to handle such data properly and in accordance with our security protocols and strict standards of confidentiality. Although we cannot guarantee against any loss, misuse, unauthorised disclosure, alteration or destruction of data, we try to prevent such unfortunate occurrences.

Data access and corrections. Upon receipt of your written request and enough information to permit us to identify your Personal Data, we will disclose to you the Personal Data we hold about you. We will also correct, amend or delete any Personal Data that is inaccurate and notify any third party recipients of the necessary changes.

If you wish to access or correct your Personal Data, please contact our Customer Care team through our contact form. We do not charge for complying with a correction request. Requests to delete Personal Data are subject to any applicable legal and ethical reporting or document retention obligations imposed on us.

Link to other web sites. This Website contains hyperlinks to web sites that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party web sites or any association with their operators. We do not control these web sites and are not responsible for their data or privacy practices. We urge you to review any privacy policy posted on any site you visit before using the site or providing any Personal Data about yourself.

Governing Law. This privacy policy forms part of HolisticDirectory.ca Website Terms of Use and as such shall be governed by and construed in accordance with the laws of Canada. You agree to submit any dispute arising out of your use of this Website to the exclusive jurisdiction of the courts of Canada.

Right to Information and Cancellation. You are entitled to be informed free of charge about your saved personal data, as well to be given the opportunity to correct, block or delete these data. Should you have left us your personal data, you can delete them and modify them again at any time. Data which are necessary for accounting and book keeping purposes shall not be affected by cancellation or deletion.