1. INTRODUCTION
1.1 These terms of use (“Terms of Use”) apply to the TWT Communications Inc. website located at https://talkwithtina.ca, its linked sites, and any official social media pages and any other forms of online presence controlled by us and on all communications between the Company and Users, including but not limited to communication via:
the Company website (including the website hosted at http://www.talkwithtina.ca/ and any other web domain used by the Company to communicate with users now or in the future);
any mobile, computer, or tablet-based application currently offered by Company or developed in the future by the Company;
any landline telephone, mobile phone or cellphone; and
all other services provided by the Company, now or hereafter devised, as described on the Website or otherwise (the above, including items A to D are collectively referred to as the “Website”).
Please read these Terms of Use carefully before using the Website. These Terms of Use constitute a legal agreement between you and TWT Communications Inc., which includes, Talk With Tina and TWT Communications (individually and collectively, the “Company”, “we” or “us”) which is the owner and operator of the Website. By accessing or using this Website or otherwise indicating your consent, you agree to be bound by these Terms of Use and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Website immediately.
1.2 Legal Disclosure:
TWT Communications Inc. provides the communication services of Tina Hardwell through the Website, and other communication formats, as applicable. Tina Hardwell is not a health advisor or other similar professional; the conversations that she may have with you through TWT Communications Inc., the Website, and other communication formats, are for personal and private entertainment purposes only. Please consult with a licensed professional as required. If you or any other person has a medical concern, you should consult with your health care provider or seek other professional medical treatment. If you think you may have a medical emergency, call your doctor or emergency services immediately.
TWT Communications Inc. and/or Tina Hardwell will not be held liable for any losses you may incur as a result of your use of the Website. Furthermore, you hereby fully indemnify and release TWT Communications Inc. and Tina Hardwell, as further set out in Section 7. Termination of Use, below in these Terms of Use.
1.3 Definitions
(a) “Content” means any text, images, video, audio or other multimedia content, document, data, software or other information, oral or written communication, or material submitted to, subsisting on or accessible from the Website.
(b) “we”, “us”, “our”, “Talk With Tina” or “TWT Communications” means TWT Communications Inc., and our provision of communication services by Tina Hardwell (e.g., voice and/or video chat).
(c) “you” or “your” means the person accessing or using the Website or its Content.
1.4 Privacy Policy. Where applicable, these Terms of Use incorporate by reference our Privacy Policy, available here, which shall be subject to these Terms of Use in the event of any conflict or inconsistency. By accepting these Terms of Use, you understand and agree that we may collect, use and disclose your personal information in accordance with our Privacy Policy, which is incorporated by reference into these Terms of Use.
1.5 Legal Age. By using the Website, you represent that you are of legal age (i.e., age of majority; not a minor) to enter into these Terms of Use, and if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use.
2. USE OF WEBSITE
2.1 Except as otherwise indicated elsewhere on this Website, this Website is for your personal, private, entertainment and non-commercial use only. You are advised to use at your own risk. As a condition of your use of the Website, you agree:
a) not to use the Website for any purpose that is unlawful under applicable law, rules and regulations or prohibited by these Terms of Use;
b) not to defame, libel, slander, or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Website or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
c) not to reverse engineer, decompile, copy, modify, alter distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Website or its content except as permitted by Company under these Terms of Use or as expressly provided under applicable law;
d) not to use the Website to harvest or otherwise systematically collect by any means any information whatsoever (including without limitation email addresses, or other personal information of other users), and not to make any submission which solicits confidential or personal information from other users;
e) not to modify, circumvent or delete any intellectual property notices contained on the Website and in particular in any digital rights or other security technology embedded or contained within any Website Content;
f) not to: (i) transmit or otherwise make available in connection with the Website any virus, worm, Trojan Horse, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (ii) interfere with or disrupt the operation of the Website or the servers or networks that host the Website; (iii) frame or mirror any part of the Website without prior express written authorization; (iv) restrict or inhibit any other person from using the Website, including by means of hacking or defacing any portion of the Website; and/or (v) use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way determine, archive, reproduce, or circumvent the navigational structure or presentation of the Website.
g) not to sell, license or exploit for any commercial purposes any use of or access to the Website;
h) not to represent or suggest that we endorse any business, product or service unless we have separately agreed to do so in writing; and
i) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website.
2.2 We reserve the right to prevent or suspend your access to the Website if you do not comply with any part of these Terms of Use or any applicable law.
2.3 We reserve the right to immediately terminate any and all communications with you at our sole and absolute discretion if you communicate with us in a manner contrary to these Terms of Use, and as further set out in Section 7. Termination of Use, below. You acknowledge that in such event we shall be exclusively and irrevocably entitled to retain any payment made by you to us without further obligation to you and such payment will be immediately forfeited by you and not refunded to you.
3. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
3.1 No Grant. This Website and all intellectual property rights in the Website (including without limitation any Content presented to you on or through the Website) are exclusively owned by Company and/or its licensors. Company and its licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, information materials, business practices and methods, promotional materials and lists, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere and everywhere in the world.
3.2 Access Right. Nothing in these Terms of Use grants you any rights in the Website other than as necessary to enable you to access the Website. Company grants you a non-exclusive, non-transferable, limited right to access and view Content that we make accessible on this Website, for your personal, private, entertainment, non-commercial use, provided you do not copy, download, distribute, modify or delete in whole or in part, any copyright, trademark or other proprietary notices that appear in the Content.
3.3 Audio and Video. The audio and video Content contained on this Website are protected under various laws. Such Content is made available for access on this Website for non-commercial personal purposes only. Any reproduction, publication, further distribution or public exhibition of any of such Content, in whole or in part, is prohibited without prior written consent from us.
3.4 Trademarks. The names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website are trademarks of Company or third parties. While certain third-party trademarks may be used by Company under written license, the display of such trademarks on the Website does not imply any relationship or license between Company and the owner of the trademark, nor does it imply that Company either recommends or endorses the products, services or business processes of the said trade-mark’s owner. Other trademarks and trade names may also be used on this Website. The use or misuse of any trademarks or any other Content on the Website, except as provided in these Terms of Use, is strictly prohibited. Nothing contained on the Website shall be construed as granting, by implication, waiver, estoppel or otherwise, any license or right to use any trademark without our prior written permission or such third party that may own the trademarks displayed on the Website. Your misuse of the trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited.
3.5 Copyright. Except as otherwise specified, the Content contained on this Website is copyrighted © TWT COMMUNICATIONS INC. 2022 All rights reserved. Except as specifically permitted in these Terms of Use, no portion of this Website may be reproduced or distributed in any form or by any means without the prior written permission of Company. Company neither warrants nor represents that your use of materials displayed on the Website will not infringe the rights of third parties who are not owned by or affiliated with Company.
3.6 General. Any unauthorized use of any Content contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as expressly authorized in these Terms of Use or in advance by us, you agree not to use, reproduce, distribute, translate, make available, publish, communicate to the public by telecommunication, modify, rent, lease, loan, sell, or create derivative works based (whether in whole or in part) on, any materials that are made available on or through the Website. The Content is protected by law, including, but not limited to, Canadian copyright law and international treaties, trademarks, trade dress and/or other proprietary rights. The Content is for personal and private entertainment purposes only, and should not be relied upon as accurate, timely or fit for any particular purpose.
4. LINKED SITES LINKS
4.1 Links to other websites. Any links provided on this Website to third party websites are provided solely for your convenience. When you access a third-party website through this Website, you do so at your own risk. The operation and content of such third-party websites is beyond our control. We do not endorse in any manner whatsoever or accept any responsibility for the content or other material that may be contained on such websites, the use of such websites, or any products or services advertised on or sold through any such website.
4.2 Links from other websites. Other websites may provide links to the Website with or without our authorization. We may have no control over the websites that provide links to the Website, and you acknowledge and agree that we may not endorse such websites and are not responsible for any links from those websites to the Website, for any content, advertising, products, or other materials available on or through such other websites, or for any loss or damages caused by using or relying on any such materials.
4.3 You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any liability, action, cause of action, damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any websites or resources to which we provide links, or that provide links to the Website; or (b) any content, goods, or services available on or through any such websites or resources. We shall have the right, but not the obligation, at any time and in our sole discretion to block links to the Website through technological or other means, without prior notice. If you have any concerns regarding any outside website linked to or from the Website, please direct them to its owner or operator of the website.
5. WARRANTIES AND LIMITATION OF LIABILITY
5.1 You understand and agree that the Website, any content on the Website, and any services or items found or attained through the Website are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied, including without limitation the implied warranties and conditions of merchantability, fitness for particular purpose, or non-infringement.
5.2 Except as otherwise expressly required by applicable law, Company makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Website or any content on the Website, including without limitation as to completeness, security, reliability, suitability, accuracy, availability, or currency of the Website or any content on the Website, that the Website or any content on the Website will be free from bugs, errors, or omission, or as to the satisfactory quality or fitness of the Website or any content on the Website for a particular purpose. Company assumes no obligation to update the Website or any content on the Website. The Website or any content on the Website may be changed without notice to You.
5.3 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty, or otherwise), which we may otherwise have to you as a result of any error or inaccuracies in the Website or any Content on the Website, the unavailability of the Website for any reason, or any representation or statement made on or through the Website or any content on the Website.
5.4 We are not responsible for any content on the Website, including User Generated Content, that You may find undesirable or objectionable.
5.5 EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR OUR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS, EVEN IF COMPANY OR ANY OF OUR LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM YOUR USE OF OR INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF OR THROUGH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES COMPANY MAY MAKE TO THE WEBSITE OR TO ANY CONTENT ON THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, SUBMISSIONS, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING SUBMISSIONS; (C) YOUR FAILURE TO PROVIDE COMPANY WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, IF COMPANY IS FOUND TO BE LIABLE FOR ANY REASON, COMPANY’S TOTAL AND CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (I) THE TOTAL FEES SUCH PARTY MADE TO COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; AND (II) $150 CAD.
5.6 We cannot and do not guarantee or warrant that files or data available for downloading on, through, or as a result of the Website, if any, will be free of viruses or other destructive code. You are solely and entirely responsible for Your use of the Website and Your computer, Internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials that may infect Your computer equipment, computer programs, data, or other proprietary material due to Your use of the Website or any services or items found or attained on, through, or as a result of the Website or to Your downloading of any material posted on or through the Website, or on any website linked to the Website.
6. INDEMNIFICATION AND LIMITED WARRANTY
6.1 You agree to defend, indemnify and hold harmless each Company, our agents, affiliates, partners, and our and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms of Use; (b) your access to or use of the Website or its Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Website. You shall use your best efforts to cooperate with us in the defense of any claim at your sole expense. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
6.2 You expressly acknowledge that we have entered into these Terms of Use and have and will make the Website and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the bargain between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Terms of Use.
6.3 We make no representation or warranty that the Website or its Content are appropriate or available for use at any locations outside Canada. If you access this Website from outside Canada, you are responsible for compliance with all applicable laws.
7. TERMINATION OF USE
7.1 Without limiting Company’s other remedies, you agree that we, in our sole discretion, and to the fullest extent not prohibited under applicable law, may terminate or restrict your use of the Website or any part thereof, or any communication with us, at any time and for any reason or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with these Terms of Use, or have used derogatory, discriminatory, profane or abusive language in your communications with us. You agree that any termination or restriction of your access to the Website under any provision of these Terms of Use may be affected without prior notice. Upon termination of these Terms of Use, your right to use the Website will immediately cease. To the fullest extent not prohibited under applicable law, we shall not be liable to you or any third party for any termination or restriction of your access to the Website or any part thereof.
8. RESCHEDULING / CANCELLATION / REFUND
8.1 Company will use reasonable efforts to accommodate rescheduling of a previously booked appointment provided a minimum of 24 hours written notice is delivered to Company at talkwithtinainfo@gmail.com and Company has confirmed such rescheduling request by email. If you miss your appointment without rescheduling, or if you miss a rescheduled appointment, you will be charged for the appointment.
8.2 If Company needs to cancel a previously booked appointment with you, for any reason or for no reason, at any time prior to the start of such appointment, you will have the option to receive a refund or the opportunity to reschedule your appointment.
8.3 If it is inevitable that you are unable to reschedule your appointment, Company may, in its sole discretion, refund part or all of your appointment fee.
9. ACCURACY OF INFORMATION AND AVAILABILITY OF THE WEBSITE
9.1 While we use reasonable efforts to include accurate and up-to-date information on the website, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Website is at your own risk. Nothing in these Terms of Use shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Website is provided for personal and private entertainment purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute health, technical, financial or legal advice or any other type of advice and should not be relied on for any such purpose or purposes.
9.2 While we make commercially reasonable efforts to ensure that the Website is available, we do not represent, warrant or guarantee in any way the Website’s continued availability at all times or uninterrupted use by you of the Website. If you are dissatisfied with the Website or any of the Content or with any terms, conditions, rules, policies, guidelines, or practices in operating the Website, your sole and exclusive remedy is to discontinue using the Website.
10. MISCELLANEOUS TERMS
10.1 Effective Date. These Terms of Use are dated November 15, 2022. No changes to these Terms of Use are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms of Use from time to time in our sole and absolute discretion. Our new Terms of Use will be displayed on the Website and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Use from time to time to verify such variations.
10.2 Entire Agreement and Severability of Provisions. These Terms of Use, the Privacy Policy and any applicable Additional Terms constitute the entire agreement with respect to access to and use of this Website and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions.
10.3 Governing Law. These Terms of Use of use are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract, without regard to principles of conflicts of law that would impose a law of another jurisdiction. For the purpose of all legal proceedings relating to these terms and your use of this Website, the courts of the Province of Ontario shall have jurisdiction to decide any action. The parties agree to attorn and submit to the exclusive jurisdiction of the Courts of the Province of Ontario.
10.4 Miscellaneous. These Terms of Use do not and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. You may not assign, sublicense, or otherwise transfer any or all of your rights or obligations under these Terms of Use without our prior express written consent.
10.5 Waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
10.6 Severability. Any term of these Terms of Use that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms of Use, all without affecting the remaining terms of these Terms of Use or affecting the validity or enforceability of such terms in any other jurisdiction. Nothing in these Terms of Use shall operate to prejudice any mandatory statutory requirement or your statutory rights.
10.7 Entire Agreement. These Terms of Use together with the Privacy Policy and other documents referred to herein contain the entire understanding and agreement between Us in relation to Your use of the Website and supersede and replace all prior and contemporaneous understandings, agreements, representation, statement, or other communication made by you or Company, whether written or oral, that is not contained herein.
10.8 Notices. The Website is operated by TWT Communications Inc. You consent to the exchange of information, communications and documents between Us electronically over the Internet or by e-mail. If You have an account profile with Company or have purchased a product or service from Company, we will send You information and documents to the e-mail address in Your account profile on the Website or provided in the course of purchasing such product or service. You will send information and documents to us by email to talkwithtinainfo@gmail.com Every notice that You are required or permitted to provide under these Terms of Use to Company shall be in writing and provided to talkwithtinainfo@gmail.com. All notices from Company to you will be displayed on the Website from time to time.
10.9 Force Majeure. Company shall have no liability to You for any breach of these Terms of Use caused by any event or circumstances beyond our reasonable control including without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, disease, flood, fire, explosion, or accident.
10.10 Assignment. You may not assign, sublicense, or otherwise transfer any of Your rights and obligations in these Terms of Use to any other person.
11. DISPUTE RESOLUTION
11.1 This section applies to all consumers and people who accepted the terms of this agreement. This clause applies only to persons residing outside Quebec, Ontario, or Saskatchewan. Subject to applicable law, any dispute, whether in court or otherwise, will be conducted solely on an individual basis. You agree that you shall not have the right or authority for any dispute to be brought as a class action, or to participate in any class action or other proceeding in which any person acts or proposes to act in a representative capacity. Most of your concerns can be resolved quickly and satisfactorily by sending an email to talkwithtinainfo@gmail.com. If Company cannot resolve your concern, you and Company agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us.
11.2 Claims Covered by this section. All disputes, claims or controversies arising out of or relating to this Agreement, by using the Website and/or the Content, or the relationship between you and Company, including the validity, enforceability, and scope of this section (“Dispute Resolution“), shall be determined exclusively by the procedure outlined in this Section. This includes claims that have or may have accrued before you entered into this Agreement. The only Disputes not covered by this Section are claims (i) regarding the infringement, protection or validity of your or Company’s or Company’s licensors’ trade secrets, copyright, trademark or patent rights; and (ii) brought in small claims court.
11.3 Informal Negotiations. You and Company shall first attempt to resolve any Dispute informally for at least 30 days before initiating mediation. The informal negotiations begin upon receipt of written notice from one party to the other (“Notice of Dispute“). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought. Company will send its Notice of Dispute to your billing or email address. You will send your Notice of Dispute to: talkwithtinainfo@gmail.com, ATTENTION: Legal Department.
11.4 Within fourteen (14) days after delivery of the notice, you and a representative from Company who has full authority to settle the dispute, shall meet at mutually acceptable times as often as reasonably necessary to make efforts in good faith to resolve the dispute by amicable negotiations within a further thirty (30) day period. The meetings shall be virtual unless both parties mutually agree to meet in person at a mutually acceptable location. The negotiations shall be construed as settlement discussions and shall be confidential and conducted on a “without prejudice” basis.
11.5 Mediation. If informal negotiations fail to resolve the dispute, you and Company shall jointly select a mediator who shall mediate the dispute for a further thirty (30) day period. The costs of the mediator shall be shared equally by the parties. If you and Company cannot mutually agree on a mediator within twenty (20) days, or there is no resolution of the dispute within sixty (60) days of selection of a mediator, the parties will proceed to binding arbitration as follows, and the dispute will be resolved accordingly.
11.6 Binding Arbitration. If you and Company cannot resolve a Dispute informally or with mediation, you or Company may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. Arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties, or, in default of agreement, such arbitrator shall be appointed by the mediator jointly selected by the Parties, or alternately, if Company so elects, by an Ontario Judge of the Ontario Superior Court. The arbitration shall be held in the Province of Ontario, Canada. The procedure to be followed shall be agreed to by the Parties or, in default of such agreement, determined by the arbitrator. The arbitration will proceed in accordance with the provisions of Arbitration Act, 1991, S.O. 1991, c. 17 (Ontario). The arbitrator shall have the power to proceed with the arbitration and to deliver his or her decision notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator will be final and binding and is not appealable to a court of law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Nothing in this section will prevent either party from seeking injunctive relief from a court of competent jurisdiction. The costs of the arbitrator shall be paid for and divided equally between the Parties.
12. CONTACT.
If you have any questions about this Website or the Terms of Use, please email us at: talkwithtinainfo@gmail.com