Terms Of Use

Terms of Use of www.thedailyscrum.ca

Last revision: November 30th 2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms and Conditions govern and apply to your use of or reliance upon this website maintained by The Daily Scrum News (the “Website”, “TDS”, “We”, “Us”).

Your access or use of the Website indicates that you have read, understand, and agree to be bound by these Terms of Use and any other applicable laws, statutes and/or regulations. We may change these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms of Use.

  • Intellectual Property

All intellectual property on the Website is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All content uploaded to the website can be used in any manner at the company’s discretion such as licensing, reproducing and marketing. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is propriety property of the Company; all rights reserved.

  • Use of Company Materials

We may provide you with certain information as a result of your own use of the Website including, but not limited to, documentation, data, information developed by us, and/or other materials which may assist in the use of the Website or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.

  • Account and Account Use

If your use of the Website requires an account identifying you as a user of the Website (an “Account”):

  1. You are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
  2. You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to Us. As requested, to stop or remedy any breach of security related to your Account, and
  3. You agree to provide true, current, accurate and complete customer information as requested by Us from time to time and you agree to promptly notify Us of any changes to this information as required to keep such information held by Us current, complete and accurate.
  4. You agree that if there is a breach according to our Terms of Use Policy, your Account may undergo a suspension for no pre-determined length or undergo termination where your data may also be removed and deleted.
  • Payment

When you make a purchase on the Website, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.

When you provide a payment instrument to Us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize Us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize Us to collect and store that funding instrument, along with other related transaction information.

If you pay by credit or with debit card, We may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. If We find that payment was made from an unauthorized payment source to purchase our services, We reserve the right to do a charge back to your financial institution to recuperate funds.

We may also cancel any transaction if We believe the transaction violates these Terms, or if We believe in doing so may prevent financial loss. In order to prevent financial loss to you or to us, We may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any other payments you are associated with, if We believe doing so may prevent financial loss or a violation of law.

  • Sale of Goods and Services

We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.

  • Affiliate Marketing & Advertising

We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. The affiliates We use and the services recommended on the Website are suggestions. If you choose to click on a link or use those services, it is a decision of your own cognitive-making will.

We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. If an advertisement violates our Terms of Use, it is up to the company itself and their discretion to cancel that advertisement, that advertiser also risks forfeiture of said advertisement.

  • Acceptable Use

You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of The Daily Scrum News. You further agree not to use and/or access the Website:

  1. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  2. To violate any intellectual property rights of us or any third party;
  3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  4. To perpetuate any fraud;
  5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  6. To publish or distribute any obscene or defamatory material;
  7. To publish unapproved affiliate links without prior consent from the website. Approval of affiliate links other than to link back to property owned by user requires additional approval and may be subject to a fee.
  8. To publish or distribute any material that incites violence, hate, or discrimination towards any group;
  9. To publish or distribute any material that is blatantly false, misleading, or meant to purposely interfere with an election;
  10. To unlawfully gather information about others.
  • Protection of Privacy

In addition to these Terms of Use, this Website has a Privacy Policy that describes how your personal data is collected. how cookies are used, and how data is safeguarded on the Website. For more information, you may refer to our Privacy Policy, available on the Website.

Through your use of the Website, you may provide Us with certain information. By using the Website, you authorize Us to use your information in Canada and any other country where We may operate. You also acknowledge that you have read and understood our Privacy Policy.

  • Reverse Engineering & Security

You may not undertake any of the following actions:

  1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
  2. Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
  • Indemnification

You defend and indemnify TDS News and any of its affiliates and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms of Use, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to do so.

  • Service Interruptions

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that We will have no liability for any damage or loss caused as a result of such downtime.

  • Termination of Account

We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network impaired by your use of the Website, any amount is past due from you to Us, we have received third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms of Use. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.

  • No Warranties

Your use of the Website is at your sole and exclusive risk and any services provided by Us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and We are not liable for any such damage or loss.

  • Limitation of Liability

We are not liable for any damages that may occur to you as a result of your use of the Website, to the fullest extent permitted by law. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

  • Forum Selection Clause

This contract is governed by the laws of Canada and any dispute shall be finally and legally resolved by the courts in Winnipeg, Canada.

  •  Age

You represent and warrant that you have the capability and ability to agree to these Terms of Use and Privacy Policy and use this Website in accordance with them. Our website covered by these policies are not intentionally designed for or directed at children 13 years of age or younger.

  • GDPR

Any company that stores or processes Personal Information about EU citizens within EU states must comply with GDPR, even if they do not have a business presence within the EU. The EU has recognized that Canada’s PIPEDA[1] legislation provides adequate data protection and safeguards. TDS strive to adhere to these Canadian privacy standards.


[1] https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_03063_01#section3