Privacy Policy & Terms of Use

 Goodpin Privacy Policy

Your Privacy Matters

Simply put, we don’t and we won’t.

At Goodpin, our mission is to create digital tribes of people who have a desire to do good. In doing so, we are committed to be transparent about the data we collect, how it is used, and with whom it is shared.

This Privacy Policy applies when you use our Services and we offer our users choices about the data we collect, use, and share as described in this Privacy Policy.

Introduction

We are an online SaaS platform that provides social expertise to our users to easily create, manage and measure social impact campaigns and build relationships. We do this by enabling online shared giving and helping companies combine their digital marketing and charity giving into our online tool while providing the digital platform that lets customers have their say on how a company’s corporate social responsibility dollars are spent, and spread the word organically among their social media network.

Services

This Privacy Policy, including our Cookie Policy, applies to your use of our services.

This privacy policy applies to Good.pn, our mobile app, communications and services, including off-site Services such as our “share with Good.pn” plugins, but excludes services that state they are offered under a different privacy policy.

Data We Collect

1.1: Data you provide to us

“Personal Information” refers to any information you voluntarily submit to us and that identifies you personally including your name, email address, company name, address, phone number, and other information about yourself or your business. Personal information can also include information about any transactions you enter on the website, and information about you available on the internet such as from Facebook, LinkedIn, Twitter and Google.

Registration: In order to register for our services, you must create an account and provide data including some of the following: your name, username, email address. If you want to receive charitable tax receipts for your qualifying donations you must also provide your mailing address.

Profile

You will have the option to upload a photo and to enable location based services. Only your username and photo (if provided) will be visible to other users.

Donations

When you make a donation using our services, we collect your name, credit or debit card details, billing address and the location where your donation was made. We will only use your payment details for the purpose of processing your donation via our payment partners. We do not store your credit card details.

Your name, email address, billing address and the amount of your donation will not be shared with the charity organization that receives your donation or the brand that provided the funds unless you indicate that you would allow us to share this information.

Offers/products

If a home or email address is required for the delivery of an offer or product that accompanies a donation, and if a user has provided their address, it will be shared with the organization providing the offer or product.

Charity organizations

To provide services to charities, Goodpin collects organizational information including: organization name, tax identification number, address, email address, contact person, and credit card number. We collect this information so that we can process any fees and to screen organizations for our services. We may contact an applicant to verify information. The set-up fees and monthly fees are processed through a credit card processing company. We do not store any credit card information.

Service Use

We log your visits and use of our Services only in compliance with this Privacy Policy. Customers who use our services are obligated through our agreements and terms to comply with this Privacy Policy.

We collect statistics about use of the Services. This information will be kept confidential, however, aggregate statistics that do not personally identify an individual will be kept by Goodpin and such aggregate statistics may be made available to other members or third parties.

We will never sell your Personal Information to any third party.

Cookies

Goodpin uses cookies to track content usage and traffic on our website. A cookie is a feature of your web browser that consists of a text file that is placed on your hard disk by a web server.

Goodpin uses cookies to help compile aggregate statistics about usage of our site such as how many users visit the Website, how long users spend viewing the Website, and what pages are viewed most often. This information is used to improve the content of the Website.

You can set your browser to notify you when you are sent a cookie. This gives you the chance to decide whether or not to accept it. If you disable cookies, you may not be able to take advantage of all of the features of the Website.

We do not link any of the information we use in cookies to any personally identifiable information submitted by you when you are on the Website. This information is recorded together with your registration information on our databases.

Social Media Features

Our website includes Social Media Features, such as the Facebook Like button and widgets to share through our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social Media Features and widgets are either hosted by a third party or hosted directly on our website. This Privacy Policy does not apply to those features. Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.

How we use your data

2.1 Marketing Communications

If you opt-in to receive communications from us, we will keep you up to date on our products and services. You may withdraw your consent to receiving marketing communications from us at any time by following the opt-out instructions in each communication or by contacting us at [hello@good.pn].

Transactional Notifications

2.3 To provide the Services to you

In order to provide our Services to you, including without limitation creating an account for you, allowing you to log in to the Service, processing donations to charities or otherwise, we use your personal information such as your account details and payment details.

2.4 For administrative and fraud prevention purposes

We process your personal information (such as IP address, usage patterns and realted information) in order to administer and protect our business, Service Website and App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

How we share information

3.1 Our Services

Your username, photo, donation amount, and the name of the non-profit organization that you have selected as the recipient of your donation will be publicly available on the Good.pn website and may be shared through social media sites. You will have the ability to make your name, amount of donation, and charity recipient anonymous when you post on Good.pn website. If you use the comment feature when making a donation, your comment will be posted to the public section of the good.pn website and may be shared through social media sites.

Transfer of information

Goodpin reserves the right to transfer information to vendors, service providers and partners on an “as needed” basis who support our business, such as analyzing how our services are used, measuring ad effectiveness, providing customer service, facilitating payments, partnering on campaigns, or conducting research and surveys. These partners must adhere to confidentiality obligations consistent with this Privacy Policy. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary for them to provide the tasks and services on our behalf. The third parties we currently engage includes third party companies and individuals employed by us to facilitate our services, including the provision of maintenance services, database management, Web analytics and general improvement of the Services.

Business Transfers

If our business (or substantially all of our assets) are acquired by a third party, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be made available or otherwise transferred to the new controlling entity, where permitted under applicable law.

With Your Consent

If we need to use or disclose any personal information in a way not identified in this Privacy Policy, we will notify you and/or obtain consent as required under applicable privacy laws.

3.5 As required by law

We may disclose your personal information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other End Users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: satisfy any applicable law, regulation, legal process or governmental request; enforce our contracts or user agreement, including investigation of potential violations hereof; and detect, prevent, or otherwise address fraud, security or technical issues The above may include exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Notwithstanding the general terms of this policy, the collection, use, and disclosure of personal information may be made outside of the terms herein to the extent provided for in any applicable privacy or other legislation in effect from time to time, or pursuant to court orders.

3.6 Security of your Personal Information

We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment. All Personal Information is protected using appropriate physical, technical and organizational measures.

4. Storage Location

Goodpin processes and stores its data, including Personal Information, on servers located in Canada and the United States. Goodpin also transfers data to the third-party service providers.

By submitting Personal Information or otherwise using the Services, you agree to this transfer, storing or processing of your Personal Information in Canada and the United States. You acknowledge and agree that your Personal Information may be accessible to law enforcement and governmental agencies in Canada and the U.S. under lawful access regimes or court order.

5 Retention

We will keep your Personal Information for as long as it remains necessary for the identified purpose or as required by law, which may extend beyond the termination of our relationship with you. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law. All retained personal information will remain subject to the terms of this Privacy Policy.

7 Access, Correction And Accuracy

You have the right to access the Personal Information we hold about you in order to verify the Personal Information we have collected in respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your Personal Information, although in certain limited circumstances, and as permitted under law, we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.

We will make every reasonable effort to keep your Personal Information accurate and up to date, and we will provide you with mechanisms to update, correct, delete or add to your Personal Information as appropriate. As appropriate, this amended Personal Information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate Personal Information about you enables us to give you the best possible service.

8 Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. Use of Personal Information we collect is subject to the Privacy Policy in effect at the time such information is collected, used or disclosed. If we make material changes or changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or Platform or sending you an email prior to the change becoming effective. You are bound by any changes to the Privacy Policy when you use the Website, Platform or Platform Services after such changes have been first posted

9 Additional Information

Questions regarding this Privacy Policy or Goodpin’s privacy practices should be directed to our Privacy Officer:

Privacy Officer

Goodpin Inc.

1306, 1215-5th Street Southwest, Calgary, AB T2R0Y6

 Goodpin Terms of Use

Your Privacy Matters

Simply put, we don’t and we won’t.

At Goodpin, our mission is to create digital tribes of people who have a desire to do good. In doing so, we are committed to be transparent about the data we collect, how it is used, and with whom it is shared.

This Privacy Policy applies when you use our Services and we offer our users choices about the data we collect, use, and share as described in this Privacy Policy.

Effective June 12, 2018

Introduction:

Contract

When you use Goodpin’s services (“Services”) offered through our website good.pn and its subsites (“Website”) and Goodpin-branded mobile applications (“Apps”), you agree to all of these terms. Your use of our Service is also subject to our Privacy Policy (link), which covers how we collect, use, share and store your personal data.

You agree that by registering, accessing or using our services, you are agreeing to enter into a legally binding contract with Goodpin on the terms set out below (even if you are using our Services on behalf of a company). If you do not agree to this contract, do not click “sign up” and do not access or otherwise use any of our content or Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This contract applies your use of our Services, our Website and our Apps. Registered users of our Services are “Users” and unregistered users are “Visitors”. These Terms of Use apply to all users of the website, both Users and Visitors, including those who simply view the content on or available through the website.

The Goodpin Service allows individuals and corporations to make monetary donations to charity organizations and to see those donations on a location map, as well as share those actions to inspire other Users to do the same.

The Service is available to the general public, charity organizations and companies. In order to use the Service, you must register for an account by creating a username and password, and providing us with information to identify you including name, address, email address. If you want to receive charitable tax receipts for your qualifying donations you must also provide your mailing address.

Goodpin

You (“You”, “Your”, “User”) are entering into this contract with Goodpin (also referred to as “we”, “us”, “our”).

Users and Visitors

When you register and join the Goodpin Service, you become a User. If you have chosen not to register for our Services, you may access certain features as a “Visitor”.

Change

From time to time, we may make changes to these Terms of Use and will notify you through our Services. Your use of the Goodpin website after any changes to these Terms of Use shall signify your acceptance of such revised terms. Any new features that may be added to this Website will be subject to these Terms of Use, unless stated otherwise. If you object to any changes, you may close your account.

Obligations

Service Eligibility

You will not share an account with anyone else and will follow our rules and the law. Users are account holders. You agree to follow the law and our list of restrictions. You are responsible for anything that happens through your account unless you close it or report misuse.

You confirm you are over the age of 16 years old.

Payment

You’ll honour your payment obligations. You understand there may be fees and taxes added to our prices.

If you buy our Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your paid services.

Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (ie: Exchange Rates);
  • We may store and continue billing your payment method (ie: credit card) to avoid interruptions in your Services and to use to pay for other Services you may buy; and
  • If you purchase a subscription, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel at least 24 hours before the renewal date.

Notices and messages

You agree that in connection with your use of the Goodpin Service, we may send you service announcements, administrative messages and other notifications and information via the website or email. You agree to keep your contact information up to date.

You may opt out of some of these communications.

Rights and Limits

License of rights

You retain the rights to any content (“ User Content”) that you submit, post or display on or through the Services. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license to use, copy, modify, transmit, display and distribute such User Content subject to these Terms of Use.

Goodpin will not be responsible or liable for any use of User Content in accordance with these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights herein to any User Content that you submit.

Proprietary Rights

All right, title and interest in and to the Service, excluding User Content, are and will remain our exclusive property and the property of our licensors. The Service is protected by copyright, trademark, and other laws of Canada, United States of America, and other foreign countries. Nothing in the Terms of Use gives you a right to use the Goodpin, Good.pn, the Goodpin logo, Goodpin Inc. names and any other product and service names that we may present on the Site and/or the Goodpin App, or any of the trademarks, logos, domain names, and other distinctive brand features of the foregoing. Any feedback, comments, or suggestions you may provide regarding the Website and Service is entirely voluntary and we will be free to use the feedback, comments or suggestions as we see fit and without any obligation to you.

3.3 Responsibility for Content

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the website by Users or Viewers, is the sole responsibility of such viewers or users. Goodpin does not control or actively monitor User Content, and, as such, does not guarantee the accuracy, integrity or quality or such content.

Users acknowledge by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Goodpin be liable, in any way, for any materials, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind as incurred as a result of the viewing of any materials posted, emailed, transmitted or otherwise made available via the service.

Users and Visitors promise not post and offensive, indecent, or objectionable content on the Goodpin website, applications, or related digital properties.

3.4 Restrictions on Content and Use of the Service

Goodpin reserves the right at all times to remove or refuse to distribute any User Content and to terminate users or reclaim usernames.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

  1. Satisfy any applicable law, regulation or legal process or governmental request
  2. Enforce these Terms of Use, including any investigation of potential violations hereof
  3. Detect, prevent, or otherwise address fraud, security or technical issues
  4. Respond to user support requests
  5. Protect the rights, property or safety of our users and the public

You and Goodpin agree that if content includes personal data, it is subject to our privacy policy.

You and Goodpin agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices.

You promise to only provide information and content that you have the right to share, and that your Goodpin profile, and any information shared on our website will be truthful. You agree to only provide content or information that does not violate the law or anyone’s rights.

3.5. Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

3.6 Other Content, Sites and Apps

By using the Services, you may encounter links to other websites that are not owned or controlled by Goodpin. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Goodpin of that third party, third party product or service.

Goodpin is not responsible for the content of any linked websites. Any third party websites or services accessed from our Website are subject to the terms and conditions of those websites and/or services and you are responsible for determining those terms and conditions, and complying with them. The presence on our Website of a link to any other website(s) does not imply that Goodpin endorses or accepts any responsibility for the content or use of such websites, and you herby release Goodpin from all liability and/or damages that may arise from your use of such websites or receipt of services from any such websites.

While Goodpin does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third party website which contains, posts or transmits any of the prohibited content in section 4 of these Terms of Use. Goodpin reserves the right to prohibit or remove (or require you to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature.

3.7 Advertisements

You acknowledge and agree that the website may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such advertiser, and you further acknowledge that Goodpin shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings

Giving with Goodpin

4.1 Donations and fees

If you are an individual or entity that is making a donation (“Donor”), you are solely responsible for ensuring that you have selected the correct organization to make a donation to, and for informing yourself of the tax implications of making each donation. All donations made using the Service are made as unrestricted gifts, meaning they may not be specified for any particular purpose.

Donations may be made using a credit card and are payable to Goodpin. Donation payments are final and non-refundable. Goodpin holds donations in a bank account and forwards them to charities at intervals determined by Goodpin and the charities. Payment intervals range from as frequently as monthly but no less frequently than quarterly. Goodpin has no affiliation with any of the charities represented in the Service, whether on the App, or on the Website, and cannot verify the information provided.

By making a donation using the Service, you authorize Goodpin or its affiliates to act as your agent to:

  1. hold funds received from you in a bank account until the relevant payment interval occurs;
  2. remit funds received from you less the Service Fee (as defined below) to the designated not-for-profit or charitable entity;
  3. in the event that the charity you designated refuses or is otherwise unable to accept the funds donated by you, you agree that we may, at our discretion, give such funds to another similar charity as determined by us;
  4. at the time of your donation, you will agree to a ‘tip’ being added to the amount of your donation, as a fee to Goodpin for providing this service. The User gets to choose the percentage and this is incremental to the donation. 100% of your qualifying donation is tax receiptable. A 3.9% fee will be deducted from the funds forwarded to the charity by the service provider that digitally disburses the funds to charities and provides tax receipts.
  5. if a user is sent or given donation dollars from a “Goodpin Partner”, they must abide by that partner’s giving criteria; which may exclude charities based on but not limited to: location, category, timeline or some other basis as determined by them. Goodpin reserves the right to change or revoke donations that do not align with its partners charitable giving criteria.

4.2 Tax Deductibility and Treatment

Goodpin is not a charity corporation and does not hold any status as a public or recognized charity under applicable law. The beneficiary organizations of the donations may not be charity corporations and may not hold any status as a public charity under applicable law.

Goodpin will not issue you a tax receipt for the donations you make via the Service. The beneficiary organizations may or may not issue you, a tax receipt for the donations you make via the Service. We do not guarantee any tax treatment under applicable law for the donations made pursuant to the Service.

Goodpin uses a service that does provide users with charitable tax receipts for qualifying donations. Those charitable tax receipts are accessible through the Goodpin platform. To access your charitable tax receipt for qualified donations you must enter your mailing address.

Goodpin guidelines

In using the Goodpin website or other digital services you shall not:

  1. Copy any content (including ay User Content or any other content of the Service, Website or App) unless expressly permitted to do so herein;
  2. Upload, post, email, transmit, or otherwise make available any material that:
    1. Is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethically objectionable, encourages criminal behaviour, gives rise to civil liability, violates under any law, or is otherwise objectionable.
    2. You do not have a right to make available in such manner (whether under law, under a contractual relationship or otherwise);
    3. Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights)
    4. Is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation
    5. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment or data, or the Website or that of any users or viewers of the Website or that compromises a User’s privacy
    6. Contains any falsehoods or misrepresentations or create an impression you know is incorrect, misleading or deceptive, or any material that could damage or harm minors in any way
  3. Impersonate any person or entity or misrepresent their affiliation with a person or entity
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization.
  5. Interfere with or disrupt the Website or servers, or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, or probe, scan, or test the vulnerability of any system or network or breach, or circumvent any security or authentication measures
  6. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation
  7. Collect or store personal data about other users or viewers
  8. License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Goodpin Website
  9. Modify, translate, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Goodpin website or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by law.

You also agree not to access the website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

Disclaimer and Limit of Liability

Disclaimer of representations, warranties and conditions

THE WEBSITE, SERVICE, GOODPIN APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” GOODPIN SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. GOODPIN DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND GOODPIN SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. GOODPIN WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. GOODPIN MAKES NO REPRESENTATION AND DOES NOT GUARANTEE THAT ALL OR ANY PORTION OF THE FUNDS DONATED USING THE SERVICE ARE TAX DEDUCTIBLE. GOODPIN SHALL HAVE NO LIABILITY FOR ANY CLAIM BY ANY FEDERAL, PROVINCIAL OR STATE TAX AUTHORITY WITH RESPECT TO THE CHARACTERIZATION BY YOU OR ANY USER OF FUNDS DONATED USING THE SERVICE ON ANY APPLICABLE FEDERAL PROVINCIAL AND STATE TAX RETURNS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL GOODPIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, GOODPIN APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR GOODPIN APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF GOODPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOODPIN’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID TO GOODPIN IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

YOU SHALL INDEMNIFY AND HOLD GOODPIN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS” FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

Termination

Goodpin may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website, the Service or portions thereof. Cause for such termination shall include, but not be limited to

  1. breaches or violations of these Terms of Use or any other agreement that you may have with Goodpin (including, without limitation, non-payment of any fees owed in connection with the Website or otherwise owed by you to Goodpin)
  2. requests by law enforcement or other government agencies
  3. a request by you
  4. discontinuance or material modification to the Website (or any part thereof),
  5. unexpected technical, security or legal issues or problems
  6. participation by you, directly or indirectly, in fraudulent or illegal activities.

Termination of your access to the Website may also include removal of some or all of the materials uploaded by you to the Website. You acknowledge and agree that all terminations may be made by Goodpin in its sole discretion and that Goodpin shall not be liable to you or any third-party for any termination of your access to this Website or for the removal of any of the materials uploaded by you to the Website. Any termination of these terms of use by Goodpin shall be in addition to any and all other rights and remedies that Goodpin may have.

General

Waiver and Severability

The failure of Goodpin to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

8.2 Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the province of Alberta without regard to or application of its conflict of law provisions or your province or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Alberta, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These terms of Use, and our Privacy Policy, are the entire and exclusive agreement between Goodpin and you regarding our Service and these Terms of Use supersede and replace any prior agreements between Goodpin and you regarding the Service.

How to contact us

If you wish to send us notices or services of process, please contact us:

thefolks@good.pn 

or by mail at:

Goodpin Inc.

1306, 1215-5th Street Southwest, Calgary, AB T2R0Y6