Monetime Terms and Conditions (Last updated: Dec 2008)
Monetime Terms of Use
By using the Monetime web site ("Monetime" or the "Site"), a service of c2mE Inc. ("c2mE"), you are agreeing to be bound by the following terms and conditions ("Terms of Use", "User Agreement"), and consent to the use, collection and disclosure of personal information in accordance with our privacy policy, available at http://www.monetime.com/privacy.aspx . The Site Guidelines, described below, are incorporated into and form a part of these Terms of Use.
Description of Monetime
Monetime is web-based software application that enable sellers of appointment based services and event planners to offer online registration or bookings to their customers. Appointment-based service providers and event planners can come to Monetime, fill in details about their services or events through an online form and collect registration information and payment directly from their clients or attendees. Sellers can choose to accept payment for their services offline or through PayPal. For more information about Monetime's services, please visit http://www.monetime.com and http://www.monetime.info .
Basic Terms
1. You must be 16 years or older to use Monetime.
2. You are responsible for any activity that occurs under your account and liable for all charges incurred under your account.
3. You are responsible for keeping your username and password safe and secure.
4. Your username and password may not be sold or transferred to any other person, nor should any other person be permitted, either directly or indirectly, to utilise a username or password.
5. You must register for Monetime and its services using your correct name, address and any other requested details.
6. You must comply with our site guidelines and other policies of Monetime, available at http://www.monetime.info/guidelines.html (the "Site Guidelines").
7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Monetime service.
8. You must not modify, adapt or hack Monetime or modify another website so as to falsely imply that it is associated with Monetime.
Violation of these Terms of Use entitles us to terminate your Monetime account without notice. Monetime is not responsible for the Content posted on it or the behaviour of its users. You acknowledge that you use the Monetime service at your own risk.
General Conditions
- We reserve the right to modify or terminate the Monetime service or your account for any reason, without notice, at any time.
- We reserve the right to alter these Terms of Use at any time. If we alter them we will notify you via email according to the preference expressed on your account. If you do not agree with the changes, you can cancel your account without further obligation, except amounts owing by you for the period prior to the termination, and except also for your responsibility for your behaviour on Monetime for that period.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
Monetime's role.
Monetime is not an agency. The Site acts as a venue, and provides the technical means to enable registered users to initiate transactions and make contact with each other in order to buy and sell appointment and event-based services they require. We do not review service listings provided by Users, we do not employ any of the Users that offer services listed through the Site, and we are not involved in the negotiation or completion of transactions between buyers and sellers. As a result, we have no control over the quality, safety or legality of the services listed, the truth or accuracy of the listings, the ability of sellers to deliver services or the ability of buyers to pay for services. Users should not assume that the offer, sale, or purchase of any service is valid and legal simply because it is listed on the Site. We are not responsible for the accuracy of the listings. We are not responsible for ensuring that buyers and sellers actually complete a transaction, or for any aspects of any such transactions, whether consummated or not. You accept sole responsibility for the legality of your actions under all applicable laws.
Certain Services.
We do not accept any obligation to protect you from unsafe services listed for sale on our Site, and you may not assume that services listed on the Site will be harmless to people or property.
Identity verification.
We use numerous techniques to verify the accuracy of the information that Users provide to us when they register on the Site. However, because user verification on the Internet is difficult, Monetime cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. Our feedback and review rating system will also help you to evaluate the user with whom you are dealing.
Feedback and reviews.
If you earn an average star rating of 2 or less based on a small number of transactions, your right to use our services will be suspended at our discretion, and you will be unable to list or buy. Feedback ratings are not designed for any purpose other than for facilitating trading between Monetime users, and you agree that you shall not market or export your Monetime feedback rating in any venue other than Monetime. We do not allow you to import feedback from other websites to Monetime because such feedback does not reflect your reputation within the Monetime marketplace community.
Liability.
In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Monetime from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, past, present and future, arising from or in any way connected with such right, claim or action.
Information Control.
We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that Monetime is not responsible for the acts or omissions of users on the Site.
Listing and Selling.
Listing Description.
If you are a seller, you must ensure that you are legally able to sell each service included in a listing on the Site, and that it is lawful to sell such a service to users in jurisdictions you offer your service in. You must describe your service and all terms of sale on the listing page of the Site. All services must be listed in an appropriate category. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that service and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers. It is a condition of your use of our services that you indemnify us on demand for any losses or damage that we may suffer as a result of your breach of the User Agreement.
Payment Processing Information
Monetime does not collect any funds on behalf of any Monetime user. All monetary collections will be made directly by you, the Monetime user, through offline means or through PayPal. All monetary collections are made directly to you and not to or through Monetime. If a Monetime user chooses to accept or make payment for a booking through PayPal, they will be subject to the applicable PayPal legal agreements . Monetime is not affiliated with PayPal, and neither is the agent or employee of the other, and neither is responsible in any way for the actions, inactions or performance (or lack thereof) of the other. The same applies with respect to Monetime on one side and Monetime Users and their customers on the other side.
Fraud.
Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site. You may be subject to legal or criminal penalties in your jurisdiction.
Premium services.
Monetime charges small fees for use of premium services, such as selling appointments or event tickets through our commerce engine as outlined at http://www.monetime.info/PricingEvent.html for event booking and http://www.monetime.info/PricingAppointment.html for appointment booking. All users agree to respect the refund policies stated on each pricing schedule. Monetime reserves the right to change the cost and pricing policy of these premium services at any time. In accordance with the terms and conditions set by Monetime, all users accept their contractual obligations to pay the amount invoiced by Monetime for use of these premium services.
Spam.
Monetime and our Users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a Monetime User, even a User who has purchased a service from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other Monetime users, please send an email to the Site Administrator at info (at) monetime (dot) com.
Use of Email Tools.
You may not use the Tell a Friend service, or other email forwarding services that we offer, to send spam or otherwise send content that would violate our User Agreement. We do not permanently store the email messages or the email addresses.
Breach.
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your service listings and refuse to provide our services to you without notice to you: (i) if you breach this User Agreement or the documents incorporated by reference; or (ii) if, despite our attempts, we are unable to verify or authenticate any information you provide to us; or (iii) if we believe that your actions may cause us financial loss or legal liability.
Disclaimer of Warranties.
No Warranty.
You understand and agree that:
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Your use of the Monetime service is at your sole risk. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Monetime makes no warranty that (i) our service will meet your requirements, (ii) our service will be error-free, (iii) the results that may be obtained from the use of our service will be accurate, (iv) the quality of any services, products, information, data or other material purchased or received by you through our service will meet your expectations and (v) any errors in our software will be corrected. No information or advice, whether written or oral, obtained by you from Monetime or through or from the service shall create any warranty not expressly stated in these Terms of Use.
Limitation of Liability.
You waive and shall not assert any claims or allegations of any nature whatsoever against c2mE, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the "Released Parties") arising out of or in any way relating to your use of Monetime or the Content, or the acts or omissions of other Users, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of Monetime. You use Monetime at your own risk.
Without limitation of the foregoing, neither c2mE nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of Monetime or the Content, including without limitation any damages caused by or resulting from your reliance on Monetime or other information obtained from c2mE or any other Released Party or accessible via Monetime, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to c2mE or any other Released Party's records, programs or services.
In no event shall the aggregate liability of c2mE, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of Monetime exceed any compensation paid by you for access to or use of Monetime during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless c2mE and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of Monetime.
Arbitration
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) between you and c2me and arising out of or relating to (a) these Terms of Use; (b) the Site or any content on the Site; (c) oral or written statements, advertisements or promotions relating to these Terms of Use or to the Site; or (d) the relationships that result from these Terms of Use or the Site or content on the Site (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against c2me related to any Claim and, where applicable, you also agree to opt out of any class proceedings against c2me. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your registration data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
Governing Law.
This User Agreement shall be governed by and construed in accordance with Ontario law and subject to the exclusive jurisdiction of the Courts of the Province of Ontario. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this User Agreement.
Dispute Resolution.
Disputes between you and Monetime regarding our services may be reported to info (at) monetime (dot) com.
You and Monetime are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
Violations
Please report any violations of this User Agreement by sending an email to info (at) monetime (dot) com.
Questions
If you have questions or suggestions you can contact us by emailing info (at) monetime (dot) com or by contacting us at:
c2mE Inc.
Suite 512
157 Adelaide St W
Toronto
Ontario
M5H 4E7
Canada
Tel: 1-800-220-7505