Acceptance
Welcome to torontoPATH.com and PATH Rewards (collectively, the "Website") operated by Toronto Downtown Marketing Inc. (hereto referred to as “TDMI”).
The products and services provided on the Website (collectively, the "Services") are offered by TDMI. By accessing the Website or using any of the Services, you agree to be bound by these Terms & Conditions. These may be amended from time to time, without notice to You, with any additional or alternative terms, conditions, rules and policies in connection with any particular Service. These Terms & Conditions contain legal obligations; please read them carefully.
Privacy Pledge
TDMI is well aware that individuals care about their online privacy. That is why we have undertaken this pledge. Our Privacy Policy (herto referred to as the “Policy”) is based on our adherence to both the guidelines and principals underlined in the Personal Information Protection and Electronic Documents Act and our commitment to ensuring that You are comfortable with us when providing personal information.
What is Personal Information? Personal information is any information which can, by its very nature, identify who You are. Examples include name, address, phone number and email address.
What does the Policy cover? Our Policy covers how TDMI and the Website treat and handle your personal information, both when you visit the Website and when you use TDMI Services. The Policy also covers TDMI’s treatment of any personal information that TDMI business partners share with TDMI and personal information that TDMI shares with its business partners.
What information is collected? Enrolling on the Website will require you to enter personal information, including your name, email address, and employment details. You, as a user of the Website, have complete control over this personal information. By visiting the site and logging in, You are able to edit your personal profile. There are, however, other instances where your personal information may be required. Examples include, but are not limited to, claiming prizes and participating in certain contests, promotions and sweepstakes.
What does TDMI do with the information that we obtain? TDMI uses this information for three general purposes. First, to make you eligible for contests and promotions. Second, to customize the advertising and content you see on the Website. Third, to allow us, or an authorized third party, to contact You about promotions that may be interest to You. Authorized third parties have approached TDMI with offers that may be of interest to you. We continue to evaluate these offers, with the primary consideration being the credibility of the third-party organizations and value to You, the end user.
Information sharing and disclosure: TDMI may only send personal information about you to other organizations when we have your consent to share such information, or we need to share your information to provide the product or service You have requested. There may be the need, from time to time, to send information to organizations who work on behalf of TDMI to provide a product or service to You (Unless we inform you otherwise, and unless you consent, these companies do not have any right to use the personal information we provide to them beyond what is necessary to assist us.); or to respond to subpoenas, court orders or legal process; or if we find that your actions on the Website violate these Terms or any of our usage guidelines for specific products or services. (To this end, our privacy policy must be read in conjunction with, and be understood to be a part of, TDMI’s collective Terms & Conditions).
Protecting your personal information: TDMI, and it’s web services partners, have organizational, physical and technological measures in place to protect against the loss, misuse or alteration of personal information under our control. We review our security practices on a regular basis. If you are concerned about security we invite you to contact us by email at info@torontopath.com.
Consent: If You continue to use the Website or Servcies and/or submit your personal information to TDMI, You consent to the purposes and uses outlines below, for which TDMI collects and/or shares your personal informaiton.
Cookies
The Website uses two types of "cookies": a "session" cookie and a "set" cookie. A session cookie resides in memory and persists only as long as the user’s browser is open. This cookie holds only the information that is uniquely generated when you log on to the Website and persists only as long as your browser is open. Upon your departure from the Website and closure of your browser, the information in the session cookie is removed from memory. The Website will also set a cookie to remember various preferences so You don't have to re-select them each time you visit the Website. Please note that some merchant websites, and websites operated by third party affiliate program managers, may place cookies on your browser. TDMI has no control over such merchant and third party affiliate program websites, or the cookies they may place on your browser. You are encouraged to review the privacy policies of these websites to learn about their use of cookies.
Rights & Rewards
As a PATH Rewards Customer/Employee member You are entitled to specific rights contained in the program. In order to ensure that you fully understand these rights, responsibilities and status, you must take the time to read and carefully review our guides . As the program’s rules, regulations, discounts and special offers are subject to change without prior notification, You should review the Employee Guide on a regular basis to keep abreast of any changes to program rules.
The PATH Rewards Program reserves the right to, among other things, limit, modify, withdraw, or cancel any award, change program benefits, modify levels, change participating Service Providers and change Participating Programs at any time without prior notification.
The PATH Rewards Program is not responsible for products and services offered by Service Providers, nor responsible for the failure of participating Service Providers to provide services as indicated, or for deficiencies in services provided. Such Providers, along with TDMI, may, without prior notification, modify the rules of the program. Customers can print a copy of the rules from the Website or request a copy from TDMI. The PATH Rewards Program reserves the right to disqualify any Customer/Employee member from participating in the program if, in its sole judgment that customer has violated any of the rules described in the guides,, including fraud or abuse. Disqualification may result in termination of the Employee’s card.
Registration, Personal Identification Numbers and Passwords
Certain Services and related features, such as access to the Website and personalization, may require registration. You agree to provide accurate and current information as required by the relevant registration process, and to update the information as necessary in a timely way to ensure that it is kept accurate and complete. You agree to be responsible for:
Maintaining the confidentiality of any personal identification numbers or passwords identifiers which You choose or are assigned as a result of any registration on the Website;
All activities that occur under such personal identification number or password;
Notifying TDMI of any unauthorized use of your personal identification number or password
TDMI shall not be responsible or liable in any way for any loss or damage arising from your failure to comply with this Section.
Rules and Conduct.
You agree not to use the Website or services to:
Post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would result in a criminal offense or give rise to civil liability, or otherwise use the Website or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Website, the Services or the Internet;
Defame abuse, stalk, harass or threaten any other person or violate the legal rights of any other person, including rights relating to privacy and publicity;
Post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
Post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, Trojan horse, worm or any other harmful or disruptive component;
Upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Website or the Services, or any derivative work thereof, which is protected by copyright, or any other Intellectual Property right, without obtaining permission of the copyright owner or right holder;
Impersonate or falsely represent your association with any person;
and use, reproduce, sell, resell or otherwise exploit the Website or any of the Services for any commercial purposes.
Responsibility for Minors
You are fully responsible for:
The online conduct of an Authorized Minor;
Controlling the Authorized Minor's access to and use of the Website and any such Services;
Consequences of any misuse of the Website and any such Services by the Authorized Minor;
Any purchases made by the Authorized Minor;
and determining whether any of the Services and/or Content are appropriate for an Authorized Minor and what access the Authorized Minor will be allowed.
Monitoring
You agree that TDMI has the right to monitor the Website or any content, products or services (collectively, "Content"), from time to time and to disclose any information as necessary to satisfy any law, regulation or other government request, to operate the Website or any of the Services properly, or to protect itself or its users in accordance with the Website Privacy Commitment. TDMI reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of the Terms & Conditions. By using the Website or the Services, You may have access to Content that may be offensive or objectionable to You. Under no circumstances shall TDMI be responsible or liable, directly or indirectly, for loss or damage of any kind as a result of any use of, or access to, any such Content.
Dealings with Merchants and Other Third Parties.
Your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Website or any of the Services, are solely between You and such third parties. Further, all transactions between You and any merchant that You access through the Website take place on the merchant's terms, and are subject to the merchant’s formal Terms & Conditions, such as those governing online purchases, and its privacy and security policies. Please note that prices on merchants' websites may be in U.S. dollars. It is your responsibility to check each merchant's Terms & Conditions pertaining to transactions carefully before completing any transaction. TDMI is not responsible for any charges that You may incur as a result of dealings with any merchants or other third parties found on, or through, the Website or any of the Services. Further, You accept responsibility for ensuring compliance with all applicable laws in connection with any such transactions. You agree that TDMI shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings, or transactions, including, without limitation, any returns, refunds, or any product liability claims. Although reasonable efforts are used to ensure that the Website is current, no assurance is given that the information about items of merchandise displayed on the Website is completely accurate in terms of price, availability or description.
Downloads and Shareware
From time to time the Website may allow You to search for software that may be available for downloading by various third parties. Such software is available to You by such third parties subject to the Terms & Conditions made available to You during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related Terms & Conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that TDMI shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or desired specifications.
Third Party Content
The Website search option offers access to numerous third party web pages and content available over the Internet. TDMI exercises no control over such third party content, web pages, or sites. It is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with You. You agree that TDMI shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.
Search Content
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through any Website search services are protected by copyright and/or other intellectual property laws. TDMI does not authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Website, all of the Multimedia Content contained on such sites is owned and served by entities other than TDMI.
User Content
In respect of any and all content which you elect to post on the Website which is accessible by the general public, you grant TDMI a world-wide, royalty-free, nonexclusive, perpetual and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content for the limited purposes of publishing such content and promoting the Website and its participating partners.
Such license shall apply with respect to any form, media, or technology now known or later developed. With respect to any and all content You elect to post or transmit using the Services, You agree that TDMI may preserve and disclose any content associated with your account where required to do so by law or where such preservation or disclosure is reasonably believed by TDMI to be necessary to ensure compliance with the law, enforce the Terms & Conditions or protect the rights and interests of TDMI or any other person.
Service Modifications
You acknowledge and agree that TDMI may at any time modify or discontinue the Website or any of the Services with or without notice to You, and that TDMI will not be held responsible or liable, directly or indirectly, to You or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
Termination
You acknowledge and agree that TDMI, in its sole and absolute discretion, may, without notice to You, suspend or terminate your use of, or access to, the Website or any of the Services, and remove and discard any information or content that You post to or transmit using the Website or related to such Service. You further agree that TDMI shall not be liable to You or to any other person as a result of any such suspension or termination. If You are dissatisfied with the Website, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of TDMI in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services.
Disclaimer of Warranties
Your expressly understand and agree that:
The Website and the Service are provided on an “as is” and “as available” basis and that TDMI makes no warranties, representations or conditions (as used in the section “Warranties”) of any kind, whether expressed of implied, including but not limited to implied warranties or merchantability, fitness for a particular purpose and non-infringement and that any such warranties are expressly disclaimed;
and TDMI specifically makes no warranties that the Website or any of the Services, including any content, information, products or services obtained from or through the use of the Website or the Services, will be provided on an interrupted, timely, secure, or error-free basis or that such Services or the results derived there from will meet your requirements or expectations.
Limitation of Liability
You expressly understand and agree that in no event shall TDMI, including its affiliates, be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether TDMI had been advised of or could have foreseen the possibility of such damages arising out of or in connection with:
a) The use, inability to use or performance of any of the Services, the Website, or any products purchased from a merchant linked to the Website, or
b) Any unauthorized access to or modification of any of your content or transmissions, or
c) foregoing is determined to constitute a fundamental breach or failure of essential purpose.
Indemnity.
You agree to defend, indemnify and hold TDMI, its affiliates, sponsors, suppliers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account's:
violation of the Terms & Conditions;
Use of the Website or any of the Services;
Placement, posting or transmission of any message, information, software or other content on the Website or through any of the Services.
No License
Except as expressly provided, nothing herein or within the Website or any of the Services shall be construed as conferring any license under any of the intellectual property rights of TDMI or any third party, whether by implication, waiver, estoppel, or otherwise. Without limiting the generality of the foregoing, You acknowledge and agree that certain content available through and used to operate the Website and Services is protected by copyright, trademark, patent, or other proprietary rights of TDMI, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Website or the Services.
Trademarks
torontoPATH.com is a trademark of TDMI. All other product, brand, company names, trademarks, logos or other intellectual property used or displayed on the Website are the intellectual property of their respective owners. Your use of any of the intellectual property appearing on the Website is expressly prohibited without the prior written consent of TDMI or owner of the intellectual property, as appropriate.
Ownership of Content
The Website and all of its content, including, but not limited to, all text and images ("Content") are owned and copyrighted by TDMI or others with all rights reserved unless otherwise noted. Your use, copying, republication or redistribution of such Content, including by caching, framing or similar means is expressly prohibited without the prior written consent of the Content owner. Further, You agree not to modify, alter, or deface any of the Content available through the Website nor use any of the foregoing for any purpose other than the purpose for which such Content is made available to users through the Website.
General
The Website originates in Canada. The Terms & Conditions of the Website constitute the entire agreement between TDMI and You pertaining to your use of the Website and the Services (the "Agreement") and super cede any prior agreements between You and TDMI. Failure of TDMI to insist upon or enforce strict performance of any right or provision of the Agreement shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties have required that the Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que ce contrat ainsi que tous les documents que s'y rattachent soient rédigés en anglais.
