Terms of Use.
I. INTRODUCTION
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SITES AND SERVICES.
This Terms of Use is a legal agreement that governs the Sites and Services and sets out the rights and obligations of all users regarding the access and use of the Sites and Services of ThunderLink Ltd. (“we”, “us”, “our”, and “ThunderLink”). These Terms expressly supersede prior agreements or arrangements with you. ThunderLink may immediately terminate these terms or any services with respect to you or generally cease offering or deny access to the services or any portion thereof at any time for any reason.
By accessing or using the Sites and Services by any means (mobile phone or any other electronic devices), you indicate that you agree to abide by the terms of this Terms of Use and our Privacy Policy, which establishes a contractual relationship between you and ThunderLink and is hereby incorporated by reference (collectively, the “Agreement”) and become our user (“User”, “you”). If you disagree with any part of the Terms of Use and the Privacy Policy then you may not access the Sites and Services.
Supplemental terms may apply to certain Sites and Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Sites and Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Sites and Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Sites and Services.
If you are using the Sites and Services on behalf of a company or other legal entity, you represent that you have the legal authority to bind that entity to this Agreement or else you will be personally bound by the terms hereof. If you do not want to register an account and become a User, do not conclude the Agreement, DO NOT click “Sign Up” and do not access, view, download or otherwise use any Sites and Services. By clicking “Sign Up” (or the equivalent), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Sign Up” (or the equivalent), you also consent to use electronic signatures and acknowledge your click of the “Sign Up” (or the equivalent) button as one.
THESE TERMS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
II. DEFINITIONS
In this Terms of Use:
“Affiliate”: An entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
“Business Partners”: Any natural or legal person who is collaborating with ThunderLink to facilitate the Shared Power Bank Rental Service.
“Charging Station”: ThunderLink’s physical machine and infrastructure that stores Shared Power Banks and facilitates the Shared Power Bank Rental Service.
“Charging Station and Devices": Collectively represent the physical infrastructure and electronic components, including the Charging Station and Shared Power Banks, that facilitate the Shared Power Bank Rental Service.
“Electronic Device”: Any electronic device that can access the Sites and Services, such as a computer, a mobile phone or a tablet.
“Mobile User Interface”: A mobile webpage of ThunderLink.cloud, as part of our Sites, for which users can access.
"Shared Power Banks": Portable charging devices designed for charging Electronic Devices available for rental through ThunderLink's Charging Station.
“Shared Power Bank Rental Service”: ThunderLink's Service provided on its Sites that allows users to rent ThunderLink’s Shared Power Banks from its Charging Station for temporary use.
“Services”: ThunderLink’s Shared Power Bank Rental Service, and any other Services made available by ThunderLink and all other features provided and operated by ThunderLink.
“Server”: ThunderLink’s Server located in Silicon Valley, California. We store all of the User Data in our Server. We equip our Server with SSL encryption technology to protect the safety of the data.
“Sites”: The network of websites owned by ThunderLink, including thunderlink.ca, thunderlink.cloud, and any versions optimized for viewing on Electronic Devices.
“Service Providers”: Any natural or legal person who processes data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Services, to provide the Service on behalf of the Company, to perform the services related to the Services or to assist the Company in analyzing how the Service is used. A person retained under a contract to perform the Services for a public body.
“User” (“you”): Any individual accessing or using the Service, or ThunderLink, or other legal entity on behalf of which such individual is accessing or using the Service from within any country in the world, as applicable.
III. YOUR RIGHTS AND OBLIGATIONS
You retain the ownership of the information you provide ThunderLink under this Agreement, and may delete your ThunderLink account at any time. Notwithstanding the foregoing, you hereby grant ThunderLink a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to ThunderLink, including, but not limited to, any content, ideas, concepts, techniques or data you submit to ThunderLink, without any further consent, notice and/or compensation to you or to any third parties for the purposes of operating and providing ThunderLink Sites and Services to you and to our other Users.
When submitting any content or information to us, you affirm and guarantee that you have the right to submit the information, and that the information is accurate, non-confidential, and does not violate any contractual restrictions or the rights of third parties.You are fully responsible for all activities conducted through your account. This includes maintaining the confidentiality and security of your account credentials, such as passwords, and payment information you entered.
To be eligible to use the Sites and Services, you must meet the following criteria and represent and warrant that you: (1) are 19 years of age or older; (2) are not currently restricted from using the Sites and Services, or not otherwise prohibited from having a ThunderLink account, (3) are not a competitor of ThunderLink or are not using the Sites and Services for reasons that are in competition with ThunderLink; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of ThunderLink or any third party, including intellectual property rights such as copyright or trademark rights; and (6) agree to provide at your cost all equipment, software, and internet access necessary to use the Sites and Services.
You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your ThunderLink account to another party; and (5) refrain from charging anyone for access to any portion of ThunderLink, or any information therein. You are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
For the purpose of conveying service messages and providing notices regarding the Sites and Services to you, ThunderLink may employ various methods. This includes posting notifications on its pages to inform you of specific changes, such as modifications to this Agreement. Alternatively, notice may consist of an email from ThunderLink to an email address associated with your account, even if we have other contact information. You also agree that ThunderLink may communicate with you through your account or through other means including email and phone number about your account or the Sites and Services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Sites and Services.
Except where prohibited by law, by using ThunderLink’s Sites and Services you indemnify and hold harmless ThunderLink Ltd. and our directors, officers, agents, members, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of or in connection with:
Your use of our Sites and Services, even where caused in whole or in part by ThunderLink’s negligence and/or the negligence of others, whether presently known or unknown.
Your breach or violation of any of these Terms of Use.
Your violation of the rights of any third party or applicable laws.
At ThunderLink’s option, you will assume control of the defense and settlement of any claim subject to indemnification by you (provided that, in such event, ThunderLink may at any time elect to take over control of the defense and settlement of any such claim). In no event may you settle any claim without ThunderLink’s prior written consent.
Please read our Privacy Policy carefully before using our Service. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Services and tells you about your privacy rights and how the law protects you.
On the condition that you comply with all of your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license and right to access the Sites and Services, through a generally available web browser or mobile device, excluding the use of scraping, spidering, crawling or other technology or software used to access data without the express written consent of ThunderLink or its Users. You are permitted to view information and use the Sites and Services that we provide on ThunderLink webpages and in accordance with this Agreement. Any use of the Sites and Services contrary to our mission and purpose (such as attempting to contact someone you do not know or trust, or using information gathered from ThunderLink commercially unless expressly authorized by ThunderLink) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Sites and Services and all related items, including any and all copies made of the ThunderLink Sites.
IV. OUR RIGHTS AND OBLIGATIONS
All rights, title‘s and interests in and to the Sites and Services and all technology related thereto, are proprietary to ThunderLink and are protected by applicable intellectual property laws. Except with respect to the information you provide ThunderLink under this Agreement, all content on the ThunderLink Site, including text, graphics, logos, icons, images and video clips, is the exclusive property of ThunderLink or its content suppliers and is protected by applicable intellectual property laws. The compilation (meaning the collection, management and assembly) of all content on our Sites is the exclusive property of ThunderLink and also protected by applicable intellectual property laws. The content on our Sites may be used as a resource solely for its intended purpose. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on our Sites is strictly prohibited. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ThunderLink. You agree that you will not, nor will you allow or direct any third party (whether or not for your benefit), to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, circulate or use any content on ThunderLink’s Sites without the express written consent of ThunderLink. You acknowledge that you do not acquire any ownership rights in or to the Sites and Services.
Services Availability
For as long as ThunderLink continues to offer the Sites and Services, ThunderLink shall provide and seek to update, improve and expand the Sites and Services. As a result, we allow you to access the Sites and Services as they may exist and be available on any given day, and we have no other obligations except as expressly stated in this Agreement. We retain the right to modify, replace, refuse access to, suspend or discontinue the Sites and Services, partially or entirely, or change and modify prices for all or part of the Sites and Services for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on our Sites and Services or by direct communication to you unless otherwise noted. ThunderLink further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by ThunderLink to be contrary to this Agreement. For avoidance of doubt, ThunderLink has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Sites and Services. Any information you submit to us is at your own risk of loss.
Purpose of Location Data: In order to enhance your experience and provide efficient service, our interface includes a built-in map feature that displays the locations of all ThunderLink Charging Stations. To help you find the nearest Charging Station quickly, we utilize your device’s location data.
Consent for Location Data Use:
Initial Consent: Upon using our service, you will be prompted with a pop-up requesting consent to access your device’s location.
Voluntary Consent: Granting this access is entirely voluntary. However, please note that we need to provide location access to ensure the functionality of our service, specifically in locating the nearest ThunderLink Charging Station(s).
Data Privacy and Security:
Data Usage: Location data is strictly used for the purpose of locating the nearest ThunderLink Charging Stations and enhancing your service experience.
Data Sharing: We do not share your location data with third parties except as necessary to provide the ThunderLink service (e.g., integration with Google Maps).
Data Security: We are committed to protecting the privacy and security of your data. All location data is handled in accordance with our Privacy Policy and applicable data protection laws.
User Responsibility: You are responsible for ensuring that your device’s location settings are correctly configured to allow us to provide the best possible service.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of ThunderLink, our Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this Agreement, or comply with legal requirements are addressed in our Privacy Policy.
V. FEES AND PAYMENTS
The purpose of the Agreement is for you to secure access to the Services. All fees set forth within and paid by you under the Agreement shall be considered solely in furtherance of this purpose. In no way are these fees considered payment for the sale or license of any ThunderLink Sites, properties, or associated documentation, separate from the Services made available by ThunderLink under this Agreement. From time to time, we may change the fees we charge for our Services and such changes are effective when we post the change on the corresponding purchase pages on our Sites and Services.
You agree to pay all charges at the amounts in effect when such charges are incurred. You must provide a valid credit or debit card (Visa, MasterCard, or any other accepted issuer) or other specified payment or financial mechanism (“Payment Provider”) as a condition to making any payments. Your Payment Provider agreement governs your use of the designated credit or debit card or other mechanism, and you must refer to that agreement and not this Agreement to determine your rights and liabilities.
Pre-Authorization
For users making payments via Apple Pay, Credit Card and Debit Card, we will pre-authorize an amount equivalent to the 24-hour charging limit of the shared power bank charging station you are renting from. This pre-authorization is to ensure that the necessary funds are available during your rental period. Once you return the shared power bank, we will automatically release the unused pre-authorized amount. If you choose to rent using Alipay, we will pre-authorize 30 Canadian Dollars worth of Chinese Yuan using the live foreign exchange conversion rate provided by Alipay. The hourly rate and daily charging limit terms still apply. Similar to other payment methods, we will release the unused pre-authorized amount upon returning the power bank.
Buy-out Option
If you wish to purchase the shared power bank you are using, you can do so using Credit Card, Debit Card or Apple Pay. An additional price of 30 Canadian Dollars, minus the paid amount for your rental, will be charged to your chosen payment method. For Alipay users, there is no additional charge if you wish to keep the power bank after your rental period.
Please note that these payment terms are essential for a smooth rental experience with ThunderLink. By using our services and making payments through any of the mentioned methods, you agree to adhere to these payment terms. ThunderLink reserves the right to modify or update these payment terms at any time. It is your responsibility to review them periodically for any changes. Your continued use of our services after changes are posted constitutes your acceptance of those changes.
We have third party agents, subsidiaries, Affiliates and partners that perform functions on our behalf, such as hosting, billing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc. These entities have access to the Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that Personal Information.
ThunderLink uses GoDaddy as a third party service provider for our Site. You agree to be bound by GoDaddy’s Legal Agreements and Policies, available at https://www.godaddy.com/en-ca/legal/agreements, and Privacy Policy, available at https://www.godaddy.com/en-ca/legal/agreements/privacy-policy, where applicable.
ThunderLink uses Stripe Inc. (“Stripe”) as a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You agree to be bound by Stripe’s US Terms of Service, available at https://stripe.com/us/terms, and Privacy Policy, available at https://stripe.com/us/privacy. You hereby consent to provide and authorize ThunderLink, its service providers, and Stripe to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. By providing your payment and financial information, you agree that ThunderLink, its service providers, and any of their third party payment processors, including Stripe, are authorized to immediately charge your account for all applicable fees and charges and that no additional notice or consent is required. ThunderLink reserves the right at any time to change its prices and billing methods. All information that you provide must be accurate, current and complete. You represent and warrant that you have the legal right to use any payment card(s), payment means or other financial information that you provide.
ThunderLink uses Google Maps as a third party service provider for location functionality in our Sites and Services. You agree to be bound by Google’s Terms of Service(s) available at https://www.google.com/help/terms_maps/ and Privacy Policy available at https://policies.google.com/privacy.
We may, in our sole discretion, create discounts, promotional, and invitation codes that may be redeemed for free usage time of our Shared Power Bank Rental Service, subject to any additional terms that we establish on a per promotional code basis. Free usage time is typically granted to newly registered users. The specific terms and conditions for receiving and using these free periods may vary and will be communicated to eligible users during the registration process or through promotional materials. Promotional codes may only be used once per person or entity unless otherwise specified in a specific offer. ThunderLink reserves the right to modify, suspend, or terminate the allocation of free usage periods at any time and for any reason. You are encouraged to review the specific terms and conditions provided for each free usage time to understand their entitlements and responsibilities.
Only promotional codes provided to you through official ThunderLink communications channels are valid. You agree that promotional codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) are not non-transferable, non-exchangeable, and may not be duplicated or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such promotional codes; (v) have no monetary value and cannot be redeemed for cash or any other form of compensation; and (vi) may expire prior to your use.
To qualify for the referral program, the referred friend must be a new ThunderLink user who has not previously registered or used our services. You may share your invitation code to refer as many friends as you like. The new account registrant may enter an invitation code of an existing user upon account creation for both the existing user providing the invitation code and the new user to receive the one hour of free usage time of our Shared Power Bank Rental Service. The referral program is subject to change or discontinuation at ThunderLink's discretion. ThunderLink reserves the right to verify referrals and adjust the bonus rewards in the event of any fraudulent activity or misuse of the program.
ThunderLink reserves the right at its discretion to cancel or reverse any payment, even if it has been previously confirmed by ThunderLink, as a result of any mistake or error, including any mistaken pricing, description error, or other error. Although it is unlikely that ThunderLink would refuse to accept an order, ThunderLink reserves the right to deny any order for any reason, including where the following situations arise: (i) insufficient information or errors in billing, payment, and/or other information; (ii) orders that cannot be processed due to erroneous information that you have provided, which includes, but is not limited to incorrect credit card or debit card number, expiration date, security value, or other incorrect information regarding payment types; (iii) suspected fraudulent information; or (iv) unavailability of a Service due to discontinuance or otherwise.
If you believe you have been charged the wrong amount for your ThunderLink Services, please contact us immediately through the “Report a technical issue” option on our site or at customerservice@ThunderLink.ca. We take such matters seriously and are committed to providing prompt assistance. Our dedicated customer service team will investigate your case thoroughly within 7 business days. If it is determined that an error has occurred in the billing process and that you have been charged incorrectly, we will promptly refund the appropriate amount to you.
Please ensure that you provide all necessary details and documentation related to your concern to expedite the resolution process. ThunderLink is committed to ensuring a fair and transparent billing system for all our users. Please note that all refunds are subject to the processing times of your bank or payment service provider.
VI. DISCLAIMER
The Sites and Services are provided to you "AS IS" and "AS AVAILABLE"to the maximum extent permitted under applicable law. ThunderLink, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express or implied, statutory or otherwise, with respect to the Sites and Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, ThunderLink provides no warranty or undertaking, and makes no representation of any kind that the Sites and Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected even if we have been advised of the possibility of such damage.
Without limiting the foregoing, neither ThunderLink nor any of ThunderLink's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Sites and Services, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Sites and Services; or (iv) that the Sites and Services, its Servers, the content, or e-mails sent from or on behalf of ThunderLink are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
VII. LIMITATIONS OF LIABILITY
ThunderLink Ltd. and our directors, officers, agents, members, employees, subsidiaries, and affiliates shall not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Sites and Services.
To the maximum extent permitted by applicable law, in no event shall ThunderLink or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Sites and Services, third-party software and/or third-party hardware used with the Sites and Services, or otherwise in connection with any provision of this Terms), even if ThunderLink or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Except for ThunderLink’s obligations to protect your personal data as set forth in our Privacy Policy, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content or information (including, but not limited to user content and information), user communications or personalization settings.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
VIII. TERMINATION
ThunderLink may suspend or terminate the account of any Users, without prior notice or liability, for any reason or no reason, at any time, including but not limited to Users who breach the Terms of Use or misuse the Sites and Services. Misuse of the Sites and Services includes creating multiple or false accounts; using the Services commercially without ThunderLink’s authorization, infringing any intellectual property rights, violating any obligations, or any other behavior that ThunderLink, in its sole discretion, deems objectionable or contrary to its purpose.
You may terminate your account, for any or no reason, at any time, by providing notice to ThunderLink. If you delete or we disable or delete your account, the termination of your account shall be effective immediately or as may be specified in any notice. Termination of your account includes disabling your access to the Services and may also bar you from any future use of the Services. The terms of this Agreement shall survive any termination, except your rights to use the Sites and Services and our obligations to provide them to you. You understand that any termination of Sites and Services may involve deletion of your content and information associated therewith from our live databases. ThunderLink will not have any liability whatsoever to you for any suspension or termination, including but not limited to your termination of the Agreement and the deletion of your content and information.
IX. DISPUTE RESOLUTION
If you have any concerns or disputes regarding the Sites and Services, you agree to first attempt to resolve the dispute informally by contacting ThunderLink.
Subject to any exceptions specified in these Terms of Use, if you and ThunderLink are unable to resolve any dispute through informal discussion, then you and ThunderLink agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and ThunderLink. The costs of any mediation will be shared equally between you and ThunderLink.
Notwithstanding any other provision in these Terms of Use, you and ThunderLink agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
You agree that ThunderLink, as its sole discretion, may submit any disputes whatsoever arising out of, resulting from or relating to this Agreement, your use of ThunderLink’s Shared Power Banks, Sites and Services, to courts in the local jurisdiction. This Agreement shall be governed by the laws of the local jurisdiction without regard to conflicts of law provisions.
X. GENERAL TERMS
If any provision of these Terms is held to be unenforceable or invalid, the unenforceable portion will be deemed amended to the minimum extent and interpreted to accomplish the objectives under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Our Sites may contain links to third party websites or services that we do not own or control. We are not
responsible for the content, policies, or practices of any third party website or service linked to on our
Site. ThunderLink has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You are responsible for evaluating whether you want to access or use a third party website. We strongly advise you to read the terms and conditions, and privacy policies of these third party websites before using these websites or services, because you may give the operator permission to use your information in ways we would not. If you decide to access third party websites, you do so at your own risk, and you agree that this Agreement does not apply to your use of any third party websites. You acknowledge and agree that ThunderLink shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Please note: If you allow a third party website to authenticate to or connect with your account, that application or website can access information related to you and your connections.
ThunderLink shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms of Use are governed by the laws of the Province of British Columbia. The laws of Canada, excluding its conflicts of law rules, shall govern these Terms and your use of the Sites and Services. Your use of the Application may also be subject to other local, state, national, or international laws, and these Terms of Use will not limit your legal rights and remedies under that legislation. These Terms of Use will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms of Use and that legislation, the mandatory provisions of the legislation will apply.
All provisions of This Agreement relating to limitation and exclusion of liability, waivers, assumption of risk, warranties and indemnification obligations shall survive the termination of This Agreement, and all amounts unpaid at the time of termination or expiration of This Agreement shall remain due and payable.
XI. MODIFICATIONS
We reserve the right to modify or amend the terms of our Terms of Use from time to time in order to maintain compliance with the law and to reflect any changes that affect the way we govern the access and use of our Services without notice. When we amend these Terms of Use we will update the "Last Updated" at the top of the Terms of Use. We recommend that Users periodically review our Terms of Use to ensure that you are notified of any updates. If necessary, we may notify users of changes to the Terms of Use on our Sites with notice of the modifications or amendments. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Changes to these Terms of Use are effective when they are posted on this page. Your continued use of our Sites following the posting of changes to these terms will mean you accept those changes and agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Sites and Services.
XII. CUSTOMER SUPPORT AND WHO TO CONTACT
If you encounter any questions or concerns using the Sites and Services, you can also contact us through the contact form available on our Sites or contact us using the information below:
By email: customerservice@thunderlink.ca
You assign all rights, title and interest in any Feedback you provide ThunderLink. If for any reason such assignment is ineffective, you agree to grant ThunderLink a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
We appreciate your cooperation and strive to provide excellent service. If you have any questions or require further assistance, do not hesitate to contact us.