Backswath Management Inc. Community Website Terms of Use

The Community Website Terms of Use (“Terms of Use”) are defining the conditions under which you may access and use the Community Website and all the functionalities provided (hereinafter designated together the “Service”).

By accessing or using the Service or by logging into with your allocated User ID, you agree to be bound by these Terms of Use. The User undertakes to have legal ability and means required to access and use the Service and acknowledges to have read, understood, and accepted without limitation or reservation the Terms of Use, which apply in addition to the Privacy Policy.

These Terms of Service are permanently available peergroupcommunity.com.

Please review these Terms of Service carefully prior to using the Service.  If you do not agree with these Terms of Use, please do not use the Service. 

1. Legal notice

 

The Service is provided by Backswath Management Inc. operating as Backswath or Backswath Management Inc.:

Registered office: 260-100 Innovation Dr., Winnipeg, Manitoba, Canada, R3T 6G2

Registered in the Companies Office under the number:  10042918 Manitoba Inc.

E-mail: [email protected]

Phone number: +1 (204) 275-0458

Hosting:

Google Cloud Platform

Company located at Gordon House, 4 Barrow St, Dublin, Ireland

Registered in the Dublin Trade and Companies Register under the number: 752925594

Phone number: +353 1 436 1000

 

2. Definitions

 

User Content: any content created, posted, or shared by the User, on or through the Service including any information, data, photos and other content relating to the User.

 

3. Term

 

The Terms of Service will come into effect on first access to the Service for the entire duration of use.

 

 

4. Description of the Service

 

The Service enables Users to connect with each other, build communities, or also do networking.

The Service comprises a suite of online services provided by Backswath Management Inc., allowing the User to:

• Connect with people of Backswath Management Inc.’s Peer Groups, the User is interested in:
  • Live feed: allows Users to have access to a newsfeed aggregating contents posted via the application. They can comment on the posts.
  • Recommend: allows Users to suggest someone to be invited by the admin.
  • Geolocation: allows Users to be located via their device in order to know who is near them.
• Communicate with others by sharing content such as status, photos, videos, sending private messages, as well as creating events, groups, or projects.
  • Directory: provide with the contact details of other Users.
  • Private messages: allow Users to discuss by private messages.
  • Projects: allows Users to create a project.
  • Groups: Users can be part of groups with all the features of the application.
  • Event organization: allows Users to create events.
• Ensure the safety and integrity of the Community Website with a reporting tool allowing the Users to signal contents and other Users.
• Share job offers or apply to job offers published in the Community Website;
• Stay up to date with news about your Peer Group and activities in the Community Website:
  • Email campaign: the User can receive emails campaigns from Backswath Management Inc.
  • Notification: Users that have agreed can receive notifications sent by Backswath Management Inc.
  • Media center: Users can upload files that are stored in the Community Website.

These Terms of Service govern the use of each component of the Service. 

 

5. Access to the Service

Users may not use another’s account without permission. A User Account may not be shared, transferred, or sold to other parties, nor are they to be used by or made available to any person or entity except the registered user.  

 

6. Cost of the Service

The Service is available for free of charge (excluding any connection costs, whose price depends on your electronic communication service provider).

 

7. Intellectual property

 

 

The Service and the Service Content belong and shall remain the property of Backswath Management Inc.  or its licensors as appropriate, and is protected by copyright, patent when applicable, trade secret and other intellectual property laws.

 

The User shall not acquire any of such rights title and interest (including, without limitation, all intellectual property rights such as copies, modifications, extensions and derivative works thereof) save as otherwise expressly set out in this Article 7.2 and the User shall take all necessary measures to this effect. All rights not expressly granted to Users are reserved and retained.

 

Any reproduction, representation, distribution, modification, adaptation or translation of these various Service Content, in whole or in part, in any form and current or future medium is strictly prohibited, except within the limit of the Terms of Service or with prior express authorization of Backswath Management Inc.. Any use of these Service Content not expressly authorized by Backswath Management Inc.. shall constitute a violation of the Terms of Use and a violation of intellectual property rights.

 

Except as specifically permitted by these Terms of Use, User may not use or register any name, logo, brand or insignia of Backswath Management Inc. or any of its schools or subdivisions for any purpose except with Backswath Management Inc. prior written approval and in accordance with any restrictions required by Backswath Management Inc.. These are the property of Backswath Management Inc. or are subject to rights to use, duplicate or represent/communicate to the public that have been granted to such.

 

Backswath Management Inc. is the producer of databases on the Community Website and Backswath Management Inc. is the owner of any databases made available. The User shall not extract or reuse a substantial qualitative or quantitative portion of the databases, including for private purpose.

 

 

Backswath Management Inc. grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Service for User’s personal, non-commercial purposes. The User may only use the Community Website on devices that User owns or controls and as permitted by the App Store terms of service. User may use the Service and the Service Content only in the manner and for the purposes specified in these Terms of Use.  Except as specifically permitted by these Terms of Use, User may not modify, transmit, produce, distribute, display, sell, license, broadcast, or otherwise make available in any form or by any means any part of the Service or the Service Content without the express written permission of Backswath Management Inc..

In connection with the use of the Services and Service Content or User’s Content, the User is not authorized to, or cannot allow a third party to:

 

 

 

 

8. User’s undertakings

 

The User represents and warrants that she or he retains ownership of all of his intellectual property rights in the User Content or that this User Content is subject to a license granted to the User by a third party holding these rights, under conditions allowing the User to freely use and/or transfer these elements for the purpose of using the Service, under the conditions described in the Terms and Conditions. Backswath Management Inc. does not claim ownership of the User Content.   

 

By using the Service, the User represents and warrants that she or he has the legal right and capacity to enter into these Terms of Use in the User’s jurisdiction.

 

User warrants to be at least 18 years of age or older or an emancipated minor, or possess legal parental or guardian consent, and is fully competent, to use the Service and to enter into and comply with these Terms of Use.  If the User is under the age of 18 years, the User must obtain verifiable consent from a parent or legal guardian. The parent or legal guardian shall be able to provide consent to her or his child’s use of the Service and agree to be bound by these Terms of Use in respect to her or his child’s use of the Service.

 

Persons aged 13 years old or less are not authorized to access the Service.

 

9. 2.             User’s rules of conduct

 

 

Generally, the User is committed to use the Services in accordance with their Peer Group’s Charter made available to the User in their Peer Group documents.

 

User may not post content which includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, misleading, libelous, slanderous, violent, hateful and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker (“Objectionable Content”)via the Service.

 

User may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and must not post private or confidential information via the Service, including, without limitation, the User or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

 

User must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

 

User must not attempt to restrict another User from using or enjoying the Service and must not encourage or facilitate violations of these Terms of Service. 

 

User may only make non-commercial uses of the Service and Service Content. Use of Service or the Service Content for any commercial, public or political purpose is strictly prohibited.  Prohibited activities include, but are not limited to: (1) activities that are illegal or fraudulent; (2) use that inaccurately implies endorsement, approval, or sponsorship by Backswath Management Inc. Inc. (or any individual officer or employee of Backswath Management Inc. Inc.); (3) use that can be confused with official communications of Backswath Management Inc. Inc. or its officers or employees; and (4) print or electronic mass mailings (sometimes known as "spamming"), solicitations for commercial services.

 

10. Reporting and moderation

 

In order to ensure the Community Website provides the best experience possible for everyone, if a User sees any inappropriate content, she or he must use the “Report as offensive” feature found under each post.

 

Backswath Management Inc. has no general obligation to monitor User Content nor to investigate whether facts or circumstances are revealing illicit activities. Backswath Management Inc. has set up a reporting tool allowing any User to notify illegal, abusive and harmful content.

 

The knowledge of such content is deemed effective when the hosting provider is notified of following:

• The notification date;
• The notifying User identity;
• The description of the facts in contention (possibly with screen shots of the content);
• As well as the reasons for which the content must be removed.

 

If a User Content is reported, Backswath Management Inc. reserves the right to withdraw the reported content and/or suspend or terminate the User Account of the User having originally published the reported content in the conditions set forth in Article 11.2.

 

 

 

11. Termination, suspension, or revocation of access

1. 1. Deletion of the User Account by the User

 

At any time, the User may delete its User Account by contacting Backswath Management Inc. at the address or email address mentioned in Article 15.

Backswath Management Inc. retains the right to suspend User’s access to the Service to make all investigations necessary following a report made pursuant to Article 10 or in case of presumed breach of Terms of Use which may be remediated. The User whose User Account is suspended will be informed by Backswath Management Inc. of such a decision by email. The User has the possibility send an email to Backswath Management Inc. to obtain additional information on the reasons for the suspension as well as to provide explanations and/or any element in order to demonstrate that the breach has been remediated. If the violation of Terms of Use is not remedied within thirty (30) days from suspension notification, Backswath Management Inc. reserves the right to terminate the applicable User’s Account and right to use the Service, in addition to any other rights or remedies available. 

 

1. 3. Deletion of inactive User Account

 

Backswath Management Inc. will delete inactive accounts after a continuous period of two (2) years if the User has not used the Community Website. The User will be informed by the email last recorded by the User in the Community Website of the deletion of his or her account subject to prior notice of thirty (30) days allowing the User to object to such deletion.

 

12. Privacy; Confidentiality

 

 

Backswath Management Inc. will treat User Content as confidential information in accordance with these Terms of Use and the Privacy Policies.  

 

 

13. Limitation of Warranty and Liability; Indemnification. 

 

Backswath Management Inc. is not responsible for the User’s device compatibility nor if the User is unable to connect due to any technical problem related to the Internet network or a failure in the User's computer facilities and equipment.

 

Backswath Management Inc. shall not be responsible for User’s System nor any problems arising from or related to User’s System or caused by the Internet. User is responsible for the security of the User System and the security of its access to and connection with the Services.

 

Insofar as it has not been reported in the conditions of Article 10, any document, information, data, or elements available via the Service, including User Content (“Information”) is provided without any guarantees, notably that the Information is comprehensive or accurate.

The User is solely responsible for the use of the Information and bears all the risks arising from your reliance on this Information. The Information is provided on the condition that the User can determine its interest for a specific purpose before use. Under no circumstances Backswath Management Inc. accepts liability for injury arising from reliance on the said Information, its use or use of a product to which it refers.

 

The User is solely responsible for all User Content posted, and assumes all risks relating to its use by others and others’ reliance on its accuracy. The User acknowledges that, following the publication of the any content, its information will become accessible to all the Users on the Community Website and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and Backswath Management Inc.. Backswath Management Inc. will have no responsibility or liability in connection with the User Content.

 

Backswath Management Inc. expressly excludes any liability for events of any kind that may occur during any meeting organized between Users within the use of the Services.

 

14. Hypertext links

 

The Community Website may provide links to websites operated by third parties or other internet sources/networks, as well as data/information coming from third-party servers. Backswath Management Inc. Inc. does not endorse or accept responsibility for the content or the use of third-party websites and cannot be held liable for any damage following or in relation with use or the fact of having trusted the content/data/results available on such third-party servers, external sources or internet sites.

 

If a User uses third-party sites or content from third-party servers, User does so solely at User’s own risk. Links do not imply that the Company is affiliated or associated with any linked site.

 

 

15. Contact

 

For any questions regarding the Terms of Use, especially use of the Service or any claim, please [email us at [email protected].

 

The User can use these contact details for any technical support request.

 

16. Miscellaneous 

 

Governing Law and jurisdiction.  These Terms of Use, will be governed by the Province of Manitoba and the federal laws of Canada and shall be treated in all respects as a Manitoba contract, without reference to the principles of conflicts of law. Any dispute between you and the Service or any other person arising from, connected with or relating to the Service, these Terms of Use, or any related matters (collectively, “Disputes“) will be resolved before the Courts of Manitoba, sitting in the City of Winnipeg, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Notwithstanding the foregoing, the User and the Service may apply to the court in any jurisdiction to obtain injunctive relief and any other available equitable or legal remedy regarding any matter relating to confidentiality, intellectual property rights or proprietary rights.

 

The User and the Service expressly exclude the UN Convention on Contracts for the International Sale of Goods and The International Sale of Goods Act (Manitoba), as amended, replaced or re-enacted from time to time.

 

You agree to waive any right that you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against the Service, the User Content, these Terms of Use, any sites or resources linked to the Service and/or the products and services included on or otherwise made available to you through the Service. You also agree to opt out of any class proceedings against the Service.

 

Change of Terms of Use.  These Terms of Use are subject to change from time to time. Any changes will be posted to this page. Use of this Service or any Service Content after entering into force the new version of the Terms of Use will constitute the agreement to the modified Terms of Use. If the User disagrees with such modification of the Terms of Use, the User may terminate the Service and delete its User Account under the conditions set forth in Article 11.

 

Change of the Service. Backswath Management Inc. may further develop or modify the Service or the Service Content only to improve its quality. The User will be informed of such development/modification as soon as it is implemented.

 

Severability; Entire Agreement. Except in the case of invalidity of an essential clause, if any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions.  These Terms of Use, including the Privacy Policies, set forth the entire understanding and agreement between the User and Backswath Management Inc. with respect to the subject matter hereof.  

 

Convention of proof. Electronic documents exchanged by electronic means between the User and the Backswath Management Inc. shall be regarded as writings having the same probative force as writings on paper in the meaning of applicable law. They may constitute faithful and durable copies in accordance with applicable law, so that the User is invited to keep them.

 

Force majeure. In no case Backswath Management Inc. may be held liable for any breach of its contractual obligations resulting from a force majeure event as defined in applicable law and related jurisprudence.