Terms of Services

ShopCatch - Terms of Use

I. TERMS AND CONDITIONS OF USE

IMPORTANT: ALL USERS ARE REQUIRED TO READ THIS SECTION

TORSTAR DIGITAL, A DIVISION OF TORONTO STAR NEWSPAPERS LIMITED ("TORSTAR DIGITAL") PROVIDES WWW.SHOPCATCH.COM (THE "SHOPCATCH SITE") AND SHOPCATCH™ MOBILE SERVICES (COLLECTIVELY, "SHOPCATCH") TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THE "TERMS OF USE"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING SHOPCATCH. BY ACCESSING OR USING SHOPCATCH, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS OF USE, DO NOT USE SHOPCATCH.

ShopCatch is for personal and non-commercial use. The entire content included in ShopCatch, including but not limited to text, information, designs, photographs, graphics, images illustrations… is provided for informational purposes only. Please use caution and common sense when using ShopCatch.



Dear ShopCatch user, Thanks for visiting ShopCatch, a mobile and online business owned and operated by Torstar Digital. The Terms of Use, which incorporate the Privacy Policy and Frequently Asked Questions (FAQ), set forth the terms and conditions that govern the use of ShopCatch and that must be followed by any person or entity ("User") that uses ShopCatch.

1. Acceptance of Terms of Use
By accessing, browsing and/or using ShopCatch (which includes visiting the ShopCatch Site whether or not participating in any commerce) you agree to the terms and conditions set forth below and provided by Torstar Digital and to follow all applicable regulations that apply to ShopCatch. If you do not agree to the Terms of Use you must stop using ShopCatch.

Torstar Digital reserves the right to make changes to the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to Users. Such changes may include, among other things, the adding of certain fees or charges. We therefore suggest that all Users re-read the Terms of Use and Privacy Policy from time to time to be aware of any such changes. By using ShopCatch after any such changes to the Terms of Use and/or Privacy Policy have been made, you impliedly agree to the Terms of Use and Privacy Policy expressed herein and are deemed to accept such changes. Changes to the Terms of Use are effective immediately upon being posted on http://www.shopcatch.com/terms.html, whether on this Terms of Use page or elsewhere. If you do not agree to any amended Terms of Use, you must stop using ShopCatch.

2. Accessing ShopCatch
The right to access and use ShopCatch is given on an individual basis to a specific User for personal use and is not transferable. Each User is responsible for protecting the confidentiality of User's password(s), if any. Torstar Digital has the right to change, suspend or discontinue any aspect or feature of ShopCatch, including, the availability of any features, content, hours of availability and equipment needed for access or use. Torstar Digital may also block or prevent your future access to and use of all or parts of ShopCatch or impose limits on ShopCatch or on certain features.

Any registration by, use of or access to ShopCatch by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use.

You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Torstar Digital and that Torstar Digital shall not be responsible for any data lost while transmitting information on the Internet. While Torstar Digital tries to make ShopCatch accessible 24 hours per day, 7 days per week, it is possible that ShopCatch may be unavailable from time to time for any reason including but without limitation to routine maintenance. You understand, acknowledge and agree that due to circumstances, whether or not controllable by Torstar Digital, your access to ShopCatch may be interrupted, suspended or terminated from time to time or generally.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to use ShopCatch including, without limitation, modems, hardware, software and long distance or local telephone services.

3. Location – Based Data
Torstar Digital and its partners may provide certain features or services through ShopCatch that rely upon device-based location information. To provide such features or services, Torstar Digital may collect, use, transmit, process and maintain your location data, including the real-time geographic location of your device, device ID and device type. By using ShopCatch, you consent to Torstar Digital's collection, use, transmission, processing and maintenance of such location data to provide such services.

ShopCatch is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Torstar Digital nor any of its partners guarantee the availability, accuracy, completeness, reliability or timeliness of location data or any other data displayed by ShopCatch.

4. Privacy Policy and User Communications
Please refer to the ShopCatch Privacy Policy (the "ShopCatch Privacy Policy") for information on how Torstar Digital collects, uses and discloses personally identifiable information from Users. Torstar Digital will only use personal information you provide to ShopCatch in accordance with the ShopCatch Privacy Policy. You hereby consent and agree to the use and disclosure of your personal information in accordance with the ShopCatch Privacy Policy.

Torstar Digital is under no obligation to refrain from reproducing, publishing or otherwise using communications other than personal information, you send to or receive from ShopCatch by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information.

5. Content
All materials displayed on ShopCatch other than content posted by you, including, but not limited to text, scripts, images, marks, logos, designs, graphics, videos, animations, pictures, information, data, computer code, software, sound files, other files, and the compilation, selection and arrangement thereof (collectively, the " Content") are the proprietary property of Torstar Digital or its licensors and are protected by Canadian and international copyright laws, trade dress and trademark laws, international laws and conventions and all other relevant intellectual property and proprietary rights, and applicable laws. All rights to the Content are expressly reserved.

All other trademarks, registered trademarks, product names and company names or logos mentioned on ShopCatch are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Torstar Digital.

You may not copy, imitate, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way use or exploit any of the Content, in whole or in part, without the prior written permission of Torstar Digital or the applicable trademark holder.

Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject a User to civil and /or criminal penalties.

6. Hyperlinks and Third-Party Content
You are granted a limited, non-exclusive right to create a text hyperlink to the "ShopCatch Site for noncommercial purposes, provided such link does not portray Torstar Digital, ShopCatch or any of their products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a ShopCatch logo or other proprietary graphic of Torstar Digital to link to the ShopCatch Site without the express written permission of Torstar Digital. Further, you may not use, frame or utilize framing techniques to enclose any ShopCatch or Torstar Digital trademark, logo or other proprietary information, including the images found at the ShopCatch Site, the content of any text or the layout/design of any page or form contained on a page on the ShopCatch Site without Torstar Digital's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Torstar Digital or any third party. Nothing contained on the ShopCatch Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Torstar Digital or any third party without the prior written permission of Torstar Digital or such other party that may own such patent, trademark, copyright or other proprietary right(s).

ShopCatch contains offers and promotions from third parties. ShopCatch is not responsible or liable in any way for the content of such offers or their accuracy, comprehensives or completeness, nor for any typographical errors or omissions in such offers. Your business dealings or correspondence with, or participation in promotions and offers of such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. ShopCatch is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third parties on ShopCatch. ShopCatch may also contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Torstar Digital does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Torstar Digital provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Torstar Digital's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Torstar Digital accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or web sites linking to the ShopCatch Site. When you leave the ShopCatch Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Under no circumstances will Torstar Digital be liable for any loss or damage caused by User's reliance on information obtained through ShopCatch. It is the User's responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through ShopCatch and Third-Party Sites.

7. User Content
By posting or distributing content to or through ShopCatch, unless we indicate otherwise, you (a) grant Torstar Digital and its affiliates a worldwide, nonexclusive, royalty-free, perpetual, irrevocable transferable, and fully sublicensable right and license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media, now known or hereafter devised; (b) grant each user of ShopCatch the right to access, display, view, store and reproduce your content for personal noncommercial use; (c) grant Torstar Digital and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose; and (d) represent and warrant that (i) you own and control all of the rights to the content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such content to or through ShopCatch; (iii) use and posting or other transmission of such content does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You further grant Torstar Digital the right to pursue at law any person or entity that violates your or Torstar Digital's rights in such content by a breach of these Terms of Use.

You represent, warrant and agree that you will not contribute, post, upload to, transmit, distribute, store, create or otherwise publish, any content on, or in connection with, your use of ShopCatch that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • would violate or infringe upon the rights of others
  • impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • is false and misleading;
  • is unsolicited promotions, political campaigning, advertising or solicitations;
  • contains any Virus, corrupted data or other harmful, disruptive or destructive files; or
  • in the sole judgment of Torstar Digital, is objectionable or which restricts or inhibits any other person from using or enjoying ShopCatch, or which may expose Torstar Digital or its affiliates or its users to any harm or liability of any type.

    • Torstar Digital takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Torstar Digital liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on ShopCatch. Torstar Digital is not liable for any statements, representations or content provided by Users on ShopCatch. Although Torstar Digital has no obligation to screen, edit or monitor any of the content posted to or distributed through ShopCatch, Torstar Digital reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on ShopCatch at any time and for any reason. Any use of ShopCatch in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use all or any part of ShopCatch. In order to cooperate with governmental requests, subpoenas or court orders, to protect Torstar Digital's systems and customers, or to ensure the integrity and operation of Torstar Digital's business and systems, Torstar Digital may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, and you hereby acknowledge such right of Torstar Digital and consent and agree to any such disclosure. Torstar Digital's right to disclose any such information shall govern over any terms of the ShopCatch Privacy Policy.

    8. User Conduct
    You are responsible for all of your activities when accessing or using ShopCatch and use them at your own risk. Any fraudulent, abusive or otherwise illegal activity or use contrary to these Terms of Use may be grounds for termination of your right to access or use ShopCatch. You may not post or transmit, or cause or be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any ShopCatch user. Use of ShopCatch to violate the security of any computer network, crack password or security encryption code, or engage in illegal activity is expressly prohibited.

    You agree not to collect or store any location or other personal information about any ShopCatch users that you obtain from ShopCatch.
    You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to ShopCatch, and to keep it accurate, current and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to ShopCatch.

    9. Warranty Disclaimer
    Except as expressly provided to the contrary in writing by Torstar Digital, ShopCatch is provided on an "as is" basis without warranties of any kind, either express or implied. Torstar Digital expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to ShopCatch, the Content or that the access and use of ShopCatch will be uninterrupted or error free. Torstar Digital does not represent or warrant that ShopCatch or the Content will be accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of ShopCatch, the Content or any portion thereof.

    Torstar Digital is not responsible for typographical errors or omissions relating to pricing, text or photography. While Torstar Digital attempts to make your access to and use of ShopCatch safe, Torstar Digital cannot and does not represent or warrant that ShopCatch or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from your computer on a regular basis.

    10. Limitation Of Liability
    You waive and covenant not to assert any claims or allegations of any nature whatsoever against Torstar Digital, its affiliates, or their respective directors, officers, employees or agents arising out of or in any way relating to your use of ShopCatch, the Content or the materials contained in or accessible through ShopCatch.

    11. Limited User License
    Torstar Digital grants you a limited, nonsublicensable license to install and use a copy of the ShopCatch software in object code form only solely for your personal, noncommercial use in connection with ShopCatch. Any software that updates, supplements or replaces the original ShopCatch software is governed by these Terms of Use unless separate license terms accompany such update, supplement or replacements, in which case such separate terms will govern in the event of a conflict with these Terms of Use or as otherwise provided in such separate terms.

    Except as expressly permitted, any use of the ShopCatch software without the prior written permission of Torstar Digital is strictly prohibited and will terminate the license granted herein. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (i) license or sell the ShopCatch software; ii) distribute the ShopCatch software except as expressly authorized by Torstar Digital; (iii) use the ShopCatch software for any purpose other than your person, noncommercial use; (iv) modify, alter or create derivative works of the ShopCatch software; or (v) alter, remove or obscure any copyright, trademark or other proprietary rights notice on or in the ShopCatch software.

    Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

    You represent and warrant that your use of ShopCatch will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify Torstar Digital against any liability to any person arising out of your use of ShopCatch not in accordance with these Terms of Use. To request permission for uses of Content not included in the foregoing license, you may contact Torstar Digital at the address set out at the bottom of these Terms of Use

    12. Copyright and Trademarks
    ShopCatch, its logo and all other product or service names or slogans displayed on ShopCatch are registered and/or common law trademarks of Torstar Digital and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Torstar Digital or the applicable trademark holder. In addition, the look and feel of the ShopCatch Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Torstar Digital and may not be copied, imitated or used, in whole or in part, without the prior written permission of Torstar Digital. All other trademarks, registered trademarks, product names and company names or logos mentioned on ShopCatch are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Torstar Digital.

    ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF TORSTAR DIGITAL IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and /or criminal penalties.

    13. Applicable Law and Dispute Resolution
    ShopCatch (excluding Third-Party Sites) is controlled by Torstar Digital and operated by it from its offices in Toronto, Ontario. While Torstar Digital has made no effort to publish ShopCatch elsewhere, ShopCatch is accessible in all Provinces of Canada and in other countries. You and Torstar Digital both benefit from establishing a predictable legal environment in regard to ShopCatch. Therefore, you and Torstar Digital explicitly agree that all disputes, claims or other matters arising from or relating to your use of ShopCatch will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

    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) arising out of or relating to these Terms of Use; (b) your use of ShopCatch (c) oral or written statements, advertisements or promotions relating to these Terms of Use or to ShopCatch; or (d) the relationships that result from these Terms of Use or ShopCatch (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 Torstar Digital related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Torstar Digital. 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.

    If you choose to access ShopCatch from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Torstar Digital for your failure to comply with any such laws.

    14. Termination/Modification
    Notwithstanding any provision of these Terms of Use, Torstar Digital reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use ShopCatch, or any part thereof; (b) block or prevent your future access to and use of all or any part of ShopCatch; (c) change, suspend or discontinue any aspect of ShopCatch or the Content; and (d) impose limits on ShopCatch.

    15. Miscellaneous
    If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Torstar Digital may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Torstar Digital, and any such attempted assignment will be void and unenforceable. These Terms of Use constitute the entire agreement between you and Torstar Digital regarding your use of ShopCatch, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and Torstar Digital regarding your use of ShopCatch. The parties confirm that it is their wish that these Terms of Use, as well as any other documents relating to these Terms of Use, including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tous avis, annexes et autorisations s'y rattachant, soient rédigés en langue anglaise seulement.

    18. Questions and Comments
    If you have any questions regarding these Terms of Use or your use of ShopCatch, please contact us here:

    ShopCatch
    Torstar Digital
    590 King Street West
    Toronto, Ontario
    M5V 1M3
    Version: 1
    Dated: April 1, 2011

    II. Privacy Policy
    Last Updated: March 28, 2011

    Copyright © 2011 Shopcatch.com. All Rights Reserved.