Legal | Time Trades

Terms of Use

Last updated: June 20, 2021

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Time Trades Platform, you agree to comply with and be bound by these Terms.

Please note: Section 14 of these Terms contains an arbitration clause and class action waiver that applies to all Time Trades Users. It affects how disputes with Time Trades are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Thank you for using Time Trades!

These Terms constitute a legally binding agreement ("Agreement") between you and Time Trades (as defined below) governing your access to and use of the Time Trades website, including any subdomains thereof, and any other websites through which Time Trades makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Time Trades Services"). The Site, Application and Time Trades Services together are hereinafter collectively referred to as the "Time Trades Platform". All other terms and policies applicable to your use of the Time Trades Platform are incorporated by reference into this Agreement and can be accessed via the Time Trades Platform.

When these Terms mention "Time Trades", "we", "us", or "our" it refers to the Time Trades Inc., 305 – 4625 Varsity Dr. NW, Suite 111, Calgary, Alberta T3A-0Z9, Canada.

Our collection and use of personal information in connection with your access to and use of the Time Trades Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the Time Trades Platform ("Payment Services") are provided to you by Time Trades or one or more Time Trades entities (individually and collectively, as appropriate, "Time Trades") as set out in these Terms ("Payments Terms").

Users (as defined below) alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to Services (as defined below). Users are each alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Services they offer. Certain types of Services may be prohibited altogether. Penalties may include fines or other enforcement. We may provide some information on the Time Trades Platform to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your use of Time Trades Services on Time Trades, you should always seek independent legal guidance.

1. Scope of Time Trades Services

1.1 The Time Trades Platform is an online platform that enables registered users ("Users") to view stock price data, forecasts, and other data generated by Time Trades (the "Services"). Users are individuals using the Services for themselves. Users may use the Time Trades Platform to access various data sets and forecasts which show probabilities of asset price behavior. Data sets are presented with a summary of key influencers that have had the most impact on the asset price over a certain period of time.

1.2 Users alone are responsible for their use of the Services. Time Trades is not and does not become a party to or other participant in any contractual relationship between Users, nor is Time Trades a registered broker, consultant or advisor. Time Trades is not acting as an agent in any capacity for any User, except as specified in these Terms.

1.3 Time Trades has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Services, (ii) the truth, accuracy, consistency or stability of any Services or (iii) the performance or conduct of any User or third party. You should always exercise due diligence and care when deciding whether to use Services, or to rely on any Services in making trading decisions.

1.4 To assist Users who speak different languages, the Time Trades Platform and Services may be translated, in whole or in part, into other languages. Time Trades cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. The Time Trades Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.5 The Time Trades Platform may contain links to third-party websites, resources, services or products ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Time Trades is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Time Trades of such Third-Party Services.

1.6 Due to the nature of the Internet, Time Trades cannot guarantee the continuous and uninterrupted availability and accessibility of the Time Trades Platform. Time Trades may restrict the availability of the Time Trades Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Time Trades Platform. Time Trades may improve, enhance and modify the Time Trades Platform and introduce new Time Trades Services from time to time.

2. Eligibility, Using the Time Trades Platform, User Verification

2.1 In order to access and use the Time Trades Platform, register a Time Trades Account or subscribe to Services, you must be (i) an individual at least 18 years old or (ii) a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts ("Business Entity").

2.2 Users cannot share their Time Trades Account credentials with any other third-party, including individuals that are employed, contracted with, operating in, or in connection with the User’s Business Entity.

2.3 You will comply with any applicable export control laws in your local jurisdiction.

2.4 Time Trades may make access to and use of the Time Trades Platform, or certain areas or features of the Time Trades Platform, subject to certain conditions or requirements, such as completing a verification process, or meeting specific quality or eligibility criteria.

2.5 The access to or use of certain areas and features of the Time Trades Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Time Trades Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Time Trades Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

2.6 If you access or download the Application from the Apple App Store (if available), you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Time Trades Platform may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3. Modification of these Terms

Time Trades reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Time Trades Platform. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use the Time Trades Platform after the date on which the Terms have changed, Time Trades will treat your access to or use of the Time Trades Platform as acceptance of the revised Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement, your continued access to or use of the Time Trades Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account ("Time Trades Account") to access and use certain features of the Time Trades Platform, such as viewing, accessing or exporting any Services. If you are registering a Time Trades Account for a Business Entity, you represent and warrant that (i) you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms, (ii) you are the sole beneficial owner of all of the shares of the Business Entity, and (iii) you will not share your Time Trades Account credentials with any third-party. You must be of legal age to form a binding contract to register an account (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your parent or legal guardian to read these Terms and agree to them for you before they use the Time Trades Platform for your benefit. If you are a parent or legal guardian and you provide your consent to your child's use of the Time Trades Platform or any Services, then you agree to be bound by these Terms with respect to your child’s use of the Time Trades Platform and any Services.

4.2 You can register a Time Trades Account by using an email address and creating a password, or, if applicable, through your account with supported third-party social networking services, such as Google ("SNS Account").

4.3 You must provide accurate, current and complete information during the registration process and keep your Time Trades Account information up-to-date at all times.

4.4 You may not register more than one (1) Time Trades Account unless Time Trades authorizes you to do so. You may not assign or otherwise transfer your Time Trades Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your Time Trades Account credentials and may not disclose your credentials to any third party. You must immediately notify Time Trades if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Time Trades Account. You are liable for any and all activities conducted through your Time Trades Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

5. Content

5.1 You may access and view any content that Time Trades itself makes available on or through the Time Trades Platform, including proprietary Time Trades content and any content licensed or authorized for use by or through Time Trades from a third party ("Time Trades Content").

5.2 The Time Trades Platform and Time Trades Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the Time Trades Platform and Time Trades Content, including all associated intellectual property rights, are the exclusive property of Time Trades and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Time Trades Platform or Time Trades Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Time Trades used on or in connection with the Time Trades Platform and Time Trades Content are trademarks or registered trademarks of Time Trades in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Time Trades Platform and Time Trades Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, or otherwise exploit the Time Trades Platform or Time Trades Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Time Trades or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 The public sharing of Time Trades Content on public social media for free is permitted.

5.5 You acknowledge that the predictions generated by the Time Trades platform can and will change from day to day.

5.6 Subject to your compliance with these Terms, Time Trades grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) use the Application on your personal device(s); and (ii) access and view any Time Trades Content made available on or through the Time Trades Platform and accessible to you, solely for your personal use.

6. Service Fees

6.1 Time Trades may charge fees to Users ("Service Fees") in consideration for the use of the Time Trades Platform. More information about when Service Fees apply and how they are calculated can be found on our platform at https://time-trades.com/pricing.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to Users prior to accessing the Time Trades Platform. Time Trades reserves the right to change the Service Fees at any time by posting such changes on the Time Trades Platform. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

6.3 You are responsible for paying any Service Fees that you owe to Time Trades. The applicable Service Fees (including any applicable Taxes) are collected by Time Trades. Except as otherwise provided in these Terms, Service Fees are non-refundable.

7. Terms specific for Users

7.1 Terms applicable to all services

7.1.1 Subject to meeting any requirements (such as completing any registration or verification processes) set by Time Trades, you can access the Time Trades Platform by subscribing for Services and paying any relevant Services Fees. All applicable fees, including applicable Service Fees and any applicable Taxes (collectively, "Total Fees") will be presented to you prior to accessing the Time Trades Platform and any Services. You agree to pay the Total Fees for in connection with your Time Trades Account.

7.1.2 In certain circumstances, Time Trades may decide, in its sole discretion, that it is necessary to cancel a subscription and initiate corresponding refunds and payouts. This may be (i) where Time Trades believes in good faith, while taking the legitimate interests of all parties into account, this is necessary to avoid significant harm to Time Trades, other Users, third parties or property, or (ii) for any of the reasons set out in these Terms.

8. Taxes

8.1 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Services are located may require Taxes to be collected from Users on Service Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Service Fees set by Time Trades ("Service Taxes").

9. Prohibited Activities

9.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Time Trades Platform. In connection with your use of the Time Trades Platform, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or community standards;
use the Time Trades Platform or Time Trades Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Time Trades’ endorsement, partnership or otherwise misleads others as to your affiliation with Time Trades;
copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Time Trades Platform in any way that is inconsistent with Time Trades’ Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
use the Time Trades Platform in connection with the distribution of unsolicited commercial messages ("spam");
unless Time Trades explicitly permits otherwise, register a Time Trades Account if you will not actually be using the Services yourself, except where the Services are being used by you for use in accordance with these Terms;
contact another User for any purpose other than asking a question related to the User's use of the Time Trades Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
sharing your Account credentials with other individuals.
use the Time Trades Platform to request, make or accept services independent of the Time Trades Platform, to circumvent any Service Fees or for any other reason;
misuse or abuse the Time Trades Platform or any Services provided thereof as determined by Time Trades in its sole discretion.
use, display, mirror or frame the Time Trades Platform or Time Trades Content, or any individual element within the Time Trades Platform, Time Trades' name, any Time Trades trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Time Trades Platform, without Time Trades' express written consent;
dilute, tarnish or otherwise harm the Time Trades brand in any way, including through unauthorized use of Time Trades Content, registering and/or using Time Trades or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Time Trades domains, trademarks, taglines, promotional campaigns or Time Trades Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Time Trades Platform for any purpose other than search engine indexing;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Time Trades or any of Time Trades' providers or any other third party to protect the Time Trades Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Time Trades Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Time Trades Platform;
export, re-export, import, or transfer the Application except as authorized by Canadian law and any other applicable laws; and
violate or infringe anyone else’s rights or otherwise cause harm to anyone.

9.2 You acknowledge that Time Trades has no obligation to monitor the access to or use of the Time Trades Platform by any User or to review, disable access to, or edit any Time Trades Content, but has the right to do so to (i) operate, secure and improve the Time Trades Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; or (iv) as otherwise set forth in these Terms. Users agree to cooperate with and assist Time Trades in good faith, and to provide Time Trades with such information and take such actions as may be reasonably requested by Time Trades with respect to any investigation undertaken by Time Trades or a representative of Time Trades regarding the use or abuse of the Time Trades Platform.

9.3 If you feel that any User or third party using the Services you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) you suspect of violating these Terms, (ii) you suspect of breaking any laws, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Time Trades by contacting us. You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

10. Term and Termination, Suspension and other Measures

10.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Time Trades terminate the Agreement in accordance with this provision.

10.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Time Trades Account, your access to the Time Trades Platform will be automatically cancelled and you will not receive any refund of any Service Fees paid to Time Trades.

10.3 Without limiting our rights specified below, Time Trades may terminate this Agreement for convenience at any time by giving you seven (7) days' notice via email to your registered email address.

10.4 Time Trades may immediately, without notice, terminate this Agreement and/or stop providing access to the Time Trades Platform if (i) you have materially breached your obligations under these Terms, any other terms applicable to your use of the Time Trades Platform, our policies or community standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Time Trades believes in good faith that such action is reasonably necessary to protect the personal safety or property of Time Trades, its Users, or third parties (for example in the case of fraudulent behavior of a User).

10.5 In addition, Time Trades may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, any other terms applicable to your use of the Time Trades Platform, our policies or community standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information regarding a Payment Method or during the Time Trades Account registration process or thereafter, (iv) you at any time fail to meet any applicable quality or eligibility criteria, (v) Time Trades otherwise becomes aware of or has received complaints about your conduct, (vi) for any amounts you owe under these Terms that are overdue or in default, or (vii) Time Trades believes in good faith that such action is reasonably necessary to protect the personal safety or property of Time Trades, its Users, or third parties, or to prevent fraud or other illegal activity:

cancel your access to the Time Trades Platform.
limit your access to or use of the Time Trades Platform.
temporarily or permanently revoke any special status associated with your Time Trades Account.
temporarily or in case of severe or repeated offenses permanently suspend your Time Trades Account and stop providing access to the Time Trades Platform.

In case of non-material breaches and where appropriate, you may be given notice of any intended measure by Time Trades and an opportunity to resolve the issue to Time Trades' reasonable satisfaction.

Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Time Trades Platform until we can charge a valid Payment Method.

10.6 If we take any of the measures described above (i) you will not receive any refunds for any amounts that have been paid to Time Trades, and (ii) you will not be entitled to any compensation for any subscriptions that were cancelled.

10.7 When this Agreement has been terminated, you are not entitled to a restoration of your Time Trades Account. If your access to or use of the Time Trades Platform has been limited or your Time Trades Account has been suspended or this Agreement has been terminated by us, you may not register a new Time Trades Account or access and use the Time Trades Platform through an Time Trades Account of another User.

10.8 Sections 5 and 11 to 17 of these Terms shall survive any termination or expiration of this Agreement.

11. Disclaimers

If you choose to use the Time Trades Platform or Time Trades Content, you do so voluntarily and at your sole risk. The Time Trades Platform and Time Trades Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Time Trades Services, laws, rules, or regulations that may be applicable to your use of the Services you are receiving and that you are not relying upon any statement of law or fact made by Time Trades relating to such Services.

You agree that some Services may carry inherent risk, and by using in such services, you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during and after your use of such Services.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

12. Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Time Trades Platform and Time Trades Content, use of any Services, or any other interaction you have with other Users whether in person or online remains with you. Neither Time Trades nor any other party involved in creating, producing, or delivering the Time Trades Platform or Time Trades Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Time Trades Platform or Time Trades Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Time Trades Platform, or (iv) from your provision or use of any Services by you, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Time Trades has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Users pursuant to these Terms, in no event will Time Trades’ aggregate liability arising out of or in connection with these Terms and your use of the Time Trades Platform including, but not limited to the use of or inability to use the Time Trades Platform or Time Trades Content and in connection with any Services, or interactions with any other Users, exceed the amounts you have paid for such Services via the Time Trades Platform as a User in the twelve (12) month period prior to the event giving rise to the liability or one hundred Canadian dollars (CAD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Time Trades and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

13. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Time Trades’ option), indemnify, and hold Time Trades and its affiliates and subsidiaries, including but not limited to, Time Trades’ officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our policies or community standards, (ii) your improper use of the Time Trades Platform or any Time Trades Services, (iii) your interaction with any User or use of any Services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, use or participation, or (iv) your breach of any laws, regulations or third party rights.

14. Dispute Resolution and Arbitration Agreement

14.1 Overview of Dispute Resolution Process.Time Trades is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals that bring any claim against Time Trades: (1) an informal negotiation directly with Time Trades, and (2) a binding arbitration administered by The ADR Institute of Canada, Inc. ("ADRIC") using its Arbitration Rules (as modified by this Section 17).

14.2 Pre-Arbitration Dispute Resolution and Notification.Prior to initiating an arbitration, you and Time Trades each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Time Trades by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed in accordance with the Arbitration Rules (available at www.adric.ca/rules-codes/).

14.3 Agreement to Arbitrate.You and Time Trades mutually agree that any dispute, claim or controversy arising out of or relating to these Terms, any other terms applicable to you or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Time Trades Platform, the Services or the Time Trades Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Time Trades agree that the arbitrator will decide that issue.

14.4 Exceptions to Arbitration Agreement.You and Time Trades each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

14.5 Modification to ADRIC Arbitration Rules - Arbitration Hearing/Location.In order to make the arbitration most convenient to you, Time Trades agrees that any required arbitration hearing may be conducted, at your option, (a) in Calgary, Alberta; (b) in any other location to which you and Time Trades both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by using the Simplified Arbitration Rules of the ADR Institute of Canada, Inc..

14.6 Modification of ADRIC Arbitration Rules - Legal Fees and Costs.You and Time Trades agree that Time Trades will be responsible for payment of the balance of any initial filing fee under the AIDRIC Arbitration Rules in excess of $200 for claims of $50,000 or less. You may be entitled to seek an award of legal fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the Arbitration Rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Time Trades agrees it will not seek, and hereby waives all rights it may have under applicable law or the Arbitration Rules, to recover legal fees and expenses if it prevails in arbitration.

14.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

14.8 Jury Trial Waiver. You and Time Trades acknowledge and agree that all Disputes that may arise is likely to involve complicated and difficult issues and, therefore, we are each irrevocably and unconditionally waiving any right to a trial by jury as to all Disputes. You acknowledge that you (a) have considered and understood the implications of this waiver, (b) have made this waiver knowingly and voluntarily, and (c) have been induced to enter into these Terms by, among other things, the mutual waivers and acknowledgements in this Section.

14.9 No Class Actions or Representative Proceedings. You and Time Trades acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class User in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Disputes. Further, unless you and Time Trades both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 17.9 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “representative proceeding” waiver in this Section 17.9 is held unenforceable with respect to any Dispute, that waivers may be severed from this Arbitration Agreement and you and Time Trades agree that any representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

14.10 Severability. Except as provided in Section 17.9, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

14.11 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Time Trades changes this Section 17 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Time Trades (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Time Trades.

14.12 Survival. Except as provided in Section 17.10 and subject to Section 13.8, this Section 17 will survive any termination of these Terms and will continue to apply even if you stop using the Time Trades Platform or terminate your Time Trades Account.

15. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Time Trades Platform ("Feedback"). You may submit Feedback by emailing us, through the “Contact” section of the Time Trades Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

16. Applicable Law and Jurisdiction

The Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of law principles, and these laws apply to Time Trades Platform, notwithstanding your domicile, residency or physical location. You hereby attorn to the exclusive jurisdiction of the courts of the Province of Alberta and all courts competent to hear appeals therefrom, unless we both agree to some other location. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

The Time Trades Platform is intended for use only in jurisdictions where it may lawfully be offered for use.

17. General Provisions

17.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Time Trades and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Time Trades and you in relation to the access to and use of the Time Trades Platform.

17.2 No joint venture, partnership, employment, or agency relationship exists between you and Time Trades as a result of this Agreement or your use of the Time Trades Platform.

17.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

17.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

17.5 Time Trades’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

17.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Time Trades' prior written consent. Time Trades may, at its sole discretion, without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder. Your right to terminate this Agreement at any time remains unaffected.

17.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by Time Trades via email, Time Trades Platform notification, or messaging service (including SMS).

17.8 If you have any questions about these Terms please email us at support@time-trades.com.

Privacy Policy

Last updated: June 20, 2021

Time Trades (defined below) respects privacy and the security of your personal information is important to us. We protect your personal information by minimizing the amount of personal information we collect. In addition, we maintain physical, organizational and technological safeguards appropriate to the sensitivity of your personal information. Except as stated herein, personal information may only be accessed by persons within our organization and other authorized third parties who require such access to provide you with the services indicated below.

This Privacy Policy describes how Time Trades Inc. and its affiliates (“we,” “us,” or “Time Trades”), process personal information that we collect through the Time Trades Platform.

1. DEFINITIONS

Undefined terms in this Privacy Policy have the same definition as in our Terms of Service (“Terms”).

2. PERSONAL INFORMATION WE COLLECT

2.1 Information needed to use the Time Trades Platform

We collect personal information about you when you use the Time Trades Platform or when you provide it to us through other means (such as when you contact us, register a Time Trades Account or use the Time Trades Platform). Without this information, we would be unable to provide you with all the services provided by the Time Trades Platform. This information includes:

Contact Information, Account, Profile Information. Such as your first name, last name, email address, some of which will depend on the services you use.

2.2 Information voluntarily provided to us.

You may choose to provide us with additional personal information. This information may include:

Subscription processing information. Fields required to purchase a subscription that are required by our billing partners, such as billing address, credit card number and credit card expiration date.
Additional Profile Information. Any other field that is not a required field during your Time Trades Account setup or purchasing a subscription will not be publicly displayed, except for profile pictures, social media accounts that are linked to your Time Trades Account and some other platforms that are linked to your Time Trades Accounts (such as TradingView).
Other Information. Such as when you fill in a form, add information to your Time Trades Account, respond to surveys, participate in promotions, communicate with us and other Members, or share your experience with us.

2.3 Automatically Collected Personal Information

When you use the Time Trades Platform, we automatically collect personal information that is sent to us by your web browser. We use this information to better understand how users use the Time Trades Platform, and to improve the Time Trades Platform to better meet your needs, such as keeping you signed in, understanding how you use the Time Trades Platform, maintaining language and location preferences and actions taken on the Time Trade Platform. The amount of information sent to us by your web browser depends on the browser and the settings you use. Please refer to the instructions provided by your browser if you want to learn more about what information it sends to websites you visit, or how you may change or restrict this. This information may include:

Geo-location Information. Such as precise or approximate location determined from your IP address or mobile device’s GPS depending on your device settings.
Usage Information. Such as the pages or content you view, key influencers searched or viewed, and features you used on the Time Trades Platform.
Log Data and Device Information. Such as details about how you’ve used the Time Trades Platform (including if you clicked on links to third party applications or vendors), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Time Trades Platform. We may collect this information even if you haven’t created a Time Trades account or logged in.
Cookies and Similar Technologies. Such as text files with small pieces of data — like a username and encrypted token — used to identify your account and any related behavior information on the Time Trades Platform.
Payment Transaction Information. Such as payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, payment processing email address, your address and other related transaction details.

2.4 Personal Information Collected From Third Parties

We collect personal information from other sources, such as:

Third-Party Services. If you link, connect, or login to the Time Trades Platform with a third party service (if applicable, such as Google or Facebook), you direct the service to send us information such as your registration and profile information as controlled by that service or as authorized by you via your privacy settings at that service.

3. HOW WE USE INFORMATION WE COLLECT

3.1 Provide, Improve and Develop the Time Trades Platform.

We use personal information to:

enable you to access the Time Trades Platform and make and receive payments,
supply you with requested services,
perform analytics, debug and conduct research,
provide customer service and respond to your inquiries,
send you messages, updates, security alerts, and account notifications,
for fraud detection and prevention,
personalize and customize your experience based on your interactions with the Time Trades Platform, your search and booking history, your profile information and preferences, and other content you submit, and
to carry out any other purposes that are disclosed to you and to which you consent.

3.2 Create and Maintain a Trusted and Safer Environment.

We use personal information to:

detect and prevent fraud, spam, abuse, security and safety incidents, and other harmful activity,
verify or authenticate information provided by you,
conduct checks against databases and other information sources,
resolve disputes,
enforce our agreements with third parties,
comply with law, respond to legal requests, prevent harm and protect our rights (see section 4.4),
enforce our Terms and other policies, and
in connection with the activities above, we may conduct profiling based on your interactions with the Time Trades Platform, your profile information and other content you submit to Time Trades, and information obtained from third parties.

3.3 Provide, Personalize, Measure, and Improve our Marketing.

We may use personal information to:

send you promotional messages, marketing, and other information based on your preferences and only if you opt-in to these types of marketing or promotional messages,
personalize, measure, and improve our advertising,
administer promotional programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Time Trades or its third-party partners,
analyze characteristics and preferences to send you promotional messages and other information that we think might be of interest to you, and
invite you to events and relevant opportunities.

3.4 Provide Payment services.

Personal information is used to enable or authorize third parties to use Payment Services:

Detect and prevent money laundering, fraud, abuse, security incidents.
Conduct security investigations and risk assessments.
Comply with legal obligations.
Enforce our Terms and other payment policies.
With your consent, send you promotional messages, marketing, and other information that may be of interest to you based on your preferences.
Provide and improve the Payment Services.

4. SHARING, DISCLOSURE & RETENTION

4.1 Sharing With Third Parties.

We may share your information with third parties, such as when authorizing a third-party application or website to access your Time Trades Account or to access your username and encrypted password, process a subscription fee, or participate in promotional activities by Time Trades partners or third parties.

We will not sell your personal information to any third party either directly or indirectly using any advertisement service. We will not use your personal information to sell or promote display advertisements on the Time-Trades Platform.

4.2 Sharing Between Members.

To help facilitate the provision of the Services to you, we may need to share certain information such as:

When you invite third-parties to the Time Trades Platform, your full name, contact information and other related information may be shared with the third-party.

4.3 Information You Publish in Profiles and other Information.

By default, your personal information will not be publicly visible to others, such as your profile, full name and any other information you may have available on your profile.

4.4 Complying with Law.

We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with a valid legal request or to respond to claims asserted against Time Trades, (iii) to respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our users to legal or regulatory liability, (iv) to enforce and administer our agreements with Members, or (v) to protect the rights, property or personal safety of Time Trades, its employees, its Members, or members of the public. For example, if permitted due to the forgoing circumstances, Service Provider tax information may be shared with tax authorities or other governmental agencies.

Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to Time Trades or its employees, our Members, or expose Time Trades to a claim of obstruction of justice.

Where required by law, we may disclose Members’ information about transactions, subscriptions, Services used and Taxes to the applicable tax authority, such as the Member’s name, home address, transaction dates and amounts, tax identification number(s), the amount of taxes received (or due), and contact information.

Some or all of the personal information we collect may be stored or processed in jurisdiction outside of Canada. As a result, this information may be subject to access requests from courts, law enforcement, governmental or public authorities, tax authorities or authorized third parties in those jurisdictions according to laws in those jurisdictions.

4.5 Retention of Personal Information.

We securely store your personal information and data in South Carolina and Oregon, USA. We retain personal information that we collect only as long as necessary for the purposes for which it was collected or to meet legal requirements (see Section 6.3). We destroy personal information when it is no longer needed.

4.6 Our Service Providers.

We may share personal information with affiliated and unaffiliated service providers to help us run our business, including our service providers that help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases (iii) perform product development, maintenance and debugging, (iv) allow the provision of the Time Trades Services through third-party platforms and software tools (e.g. through the integration with our APIs), (vi) provide customer service, advertising, or process subscription payments, or (vi) process, handle or assess insurance claims or similar claims. These providers have access to your personal information to perform these tasks.

4.7 Business Transfers.

If Time Trades undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (i.e., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

5. OTHER IMPORTANT INFORMATION

5.1 Analyzing your Communications.

We may review, scan, or analyze your communications on the Time Trades Platform for reasons outlined in Article 3 of this policy, regulatory compliance, investigation, product development, research, analytics, enforcing our Terms of Service, and customer support purposes. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. Occasionally we may need to manually review communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools.

5.2 Third-Party Partners & Integrations.

Parts of Time Trades may integrate with or link to third-party services, not owned or controlled by Time Trades, such as Interact E-transfer, Stripe and Alpha Vantage. Use of these services is subject to the privacy policies of those providers. Time Trades does not own or control these third parties and when you interact with them you are providing your information to them.

6. YOUR RIGHTS

You can exercise any of the rights described in this section consistent with applicable law. Please note that we may ask you to verify your identity and request before taking further action on your request.

6.1 Data Access and Corrections.

You can access and update some of your personal information through your Time Trades Account settings. You are responsible for keeping your personal information up to date. You can request a correction to your personal information if you believe it is inaccurate. If you submitted personal information and would like to have access to it, or if you would like to have it corrected, please contact us using the contact information provided below.

6.2 Data Erasure.

In certain jurisdictions, you can request that your personal information be deleted, restricted in terms of processing or be transferred. Please note that if you request the erasure or restrictions on the processing of your personal information:

We may retain your personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend a Time Trades Account for fraud or safety reasons, we may retain information from that Time Trades Account to prevent that Member from opening a new Time Trades Account in the future.
We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Time Trades may keep information for tax, legal reporting and auditing obligations.
Some copies of your information (such as log records) may remain in our database.
• Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

7. SECURITY

While no organization can guarantee perfect security, we are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration.

8. CHANGES TO THIS PRIVACY POLICY

Time Trades reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Time Trades Platform. Changes to this Privacy Policy shall be effective upon posting, and you understand and agree that if you use the Time Trades Platform after the date on which the Privacy Policy has changed, Time Trades will treat your access to or use of the Time Trades Platform as acceptance of the revised Privacy Policy. If you disagree with the revised Privacy Policy, you may cancel your Time Trades Account. If you do not cancel your Time Trades Account, your continued access to or use of the Time Trades Platform will constitute acceptance of and be subject to the revised Privacy Policy.

9. CONTACT INFORMATION AND RESPONSIBLE ENTITIES

If you have any questions regarding this Privacy Policy or Time Trades’ handling of your personal information, please contact our Data Compliance Officer, at 305 – 4625 Varsity Drive NW, Suite 111, Calgary, AB T3A0Z9 or support@time-trades.com. Alternatively you have the right to make a complaint to the Privacy Commissioner of Canada, the supervisory body in Canada, at 112 Kent Street, Ottawa, ON K1A 13H.

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