TERMS OF USE & PRIVACY POLICY

TRIM-P.O.S. SOFTWARE CORP. Terms Of Use

Your access to and use of any material on this Website constitutes your acceptance of, and is conditional upon your acceptance of and compliance with, all of the following terms and conditions. If you do not agree with any of these terms or conditions, do not access or use this Website.

YOU ACKNOWLEDGE THAT TRIM-P.O.S. SOFTWARE CORP. (REFERRED TO HEREIN AS “TRIM”, “WE”, “US”, OR “OUR”) DOES NOT ACCEPT ANY LIABILITY FOR YOUR ACCESS TO OR USE OF THIS WEBSITE. YOUR ACCESS TO OR USE OF THIS WEBSITE IS AT YOUR RISK SOLELY.


All Rights Reserved

This Website contains information, communications, software (including program code which may execute on the server or which may be embedded in or downloadable from individual pages on this Website), images, sounds, music, graphics, photos, videos and other material and services (collectively, the “Content”).

You agree that the Content and the selection, arrangement, architecture, and enhancement of the Content and other website features (the “Website Design”) are protected by Canadian and international intellectual and industrial property rights, including copyrights, trade-marks, and other proprietary rights. These rights are valid and protected in all media existing now or later developed, and all use of the Content or Website Design shall be in accordance with such rights and these terms and conditions. Trim may modify this Website, the Content, the Website Design, or any of these terms and conditions at any time. It is your responsibility to check for such modifications.


Partners and Orders

Trim provides access to the websites of third party vendors (“Partners”) in order to permit you to view and place orders for products and/or services offered on the Partner(s)’ websites (the “Order” or “Orders”). By placing an Order through this Website, you represent that you are at least eighteen (18) years old and legally capable of entering into binding contracts.


Pricing Information

This Website and the Partners’ Websites provide a large amount of pricing information, which may contain errors, including incorrect prices. If an Order is placed with incorrect pricing due to such an error, the Partner will normally contact you before the Order is completed to confirm the correct pricing. In such an event, neither Trim nor the Partner is under any obligation to ensure that the Order is provided to you in accordance with the incorrect pricing or to compensate you in respect of any incorrect pricing.


Changing or Cancelling Your Order

You acknowledge and agree that Trim has no control over your Order once it has been submitted to the Partner. If you wish to change or cancel your Order after it has been submitted and payment has been authorized, you may contact the Partner directly. However, Trim does not guarantee that any such requests for changes or cancellations will be accepted by the Partner. Neither Trim nor the Partner is under any obligation to refund your Order or any portion thereof, in respect of changes or cancellations after your Order has been submitted and payment has been authorized.


Compensation

In the event your Order is lost or incomplete or if you are dissatisfied with the quality of any products and/or services provided by the Partner and wish to seek a refund, price reduction, or any other compensation, you should contact the Partner directly to lodge your complaint and, where appropriate, follow the Partner's own complaint procedures.

Trim has no control over its Partners or the quality of the products or services that they provide, and we are not able to provide, and have no responsibility or obligation for providing, any compensation to you on behalf of any Partner.


Card Payments

From time to time there may be delays with the processing of card payments and transactions. This may result in payments taking up to sixty (60) days to be processed and for the charges to be deducted from your bank account or charged to your credit or debit card.

If an Order is rejected by the Partner or canceled for any reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take a period of up to five (5) business days, and in some cases up to thirty (30) days, depending on your bank or card issuer. You acknowledge and agree that neither Trim nor the relevant Partner will be responsible or liable to you in relation to any delays by your bank or card issuer in the release of funds back into your account.


Proof of Identity

If you choose to pay for an Order by credit card or debit card, you may be required to show the card to the Partner at the time of pick up or delivery of the Order, as proof of identification and to verify that the card matches the receipt data for the Order.


Service Interruptions / Limited Access

Trim attempts to ensure the Website is normally available twenty four (24) hours a day. However, it does not guarantee or undertake any obligation to maintain uninterrupted service or accessibility of the Website. Trim does not accept any liability to you if the Website is unavailable at any time or for any period.

Trim may temporarily or permanently suspend or restrict access to the Website at any time and without notice.


Visitor Material and Reviews

Other than personally identifiable information, which is covered under the Privacy Policy (available below), any material you post, upload, or transmit to the Website, including without limitation, any reviews of the goods and/or services available through this Website or a Partner’s website ("Visitor Material") will be considered non-confidential and non-proprietary.

By posting, uploading or transmitting any Visitor Material, you warrant and represent that you own or otherwise hold all rights, including intellectual property and moral rights, in and to such Visitor Material including, without limitation, all the rights necessary for you to post, upload, or transmit the Visitor Material to the Website.

Furthermore, you hereby grant to Trim a non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform, display, and otherwise use the Visitor Material, in whole or in part, worldwide in all manner and media whether now known or later developed.

You hereby agree to provide waivers, if requested, in favor of Trim with respect to any and all moral rights in the Visitor Materials held by you or any other individual(s) who may be author(s) of such Visitor Materials.

You represent and warrant that that any Visitor Material you post, upload, are in compliance with the Visitor Material Policy and Visitor Reviews Policy, below.


Visitor Material Policy

You are prohibited from posting, uploading, or transmitting to or from the Website any Visitor Material (including any Reviews) that:


Visitor Reviews Policy

Any Reviews that you submit through the Website must not:


Removal of Visitor Material and Reviews

The prohibited acts listed in the Visitor Material Policy and the Visitor Reviews Policy, above, are non-exhaustive. Without undertaking any obligation, except as required by law, Trim reserves the right and has the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded, or transmitted to the Website that it determines to be a breach of any prohibition in the Visitor Material Policy or the Visitor Reviews Policy, is otherwise objectionable, or may expose it or any third parties to any harm or liability of any type, or for any other reason.


Use of Visitor Material and Reviews

The Reviews and other Visitor Material contained on the Website are for information purposes only and do not constitute advice from Trim. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Website or other third parties, and any statements, advice, or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, Trim assumes no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions, or falsehoods that you may encounter in any such materials.

You agree to accept sole responsibility for and to indemnify Trim against any losses, damages, and claims, including all related costs, incurred by or made against Trim by a Partner or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of these Terms of Use, including without limitation, the Visitor Material Policy and the Visitor Reviews Policy.

You acknowledge that Trim will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of the Visitor Material Policy, the Visitor Reviews Policy, or any other applicable restriction and you release Trim to the fullest extent permitted by law from all liability in relation to such disclosure.


No Warranty

Trim has made every effort to ensure that the Content on this Website is accurate. However, Trim does not warrant or guarantee the accuracy or completeness of the Content, or that this Website will be without errors or omissions. Trim neither warrants nor represents that your use of the Content will not infringe rights of third parties.

The Content is provided without any charge, “as is”, “where is”, without warranty of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Content may contain technical inaccuracies or other errors and may be changed or updated without notice.

In no event shall Trim, its partners, agents, contractors or employees be liable for any loss, cost, or damages whatsoever (including, without limitation, damages for harm to business, loss of profits, programs or data, interruption of activities, or any other pecuniary, economic, or similar loss) whether direct, indirect, incidental, punitive, special, exemplary, consequential, or otherwise, arising out of any use, inability to use, or misuse of, or any defects, inaccuracies, errors, or omissions in, the Content, this Website, or any hyperlinked website, including without limitation, any injuries, fines, fees, penalties, lost profits, lost savings, business interruption, lost data, loss of programs or of use, without regard to the form of action, even if Trim has been advised of the possibility of damages. The fact that information is provided on this Website establishes no duty of care of any kind.


Ontario Law Applies

The laws of the Province of Ontario and the laws of Canada applicable therein shall govern use of this Website and the interpretation, validity, and effect of these terms and conditions, notwithstanding any conflict of laws provisions of your domicile, residence, or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding related to this Website and agree not to commence any such action or proceeding except in the Province of Ontario, Canada.

Users of this Website are granted a limited license to display, download or print the Content for their own personal, non-commercial use only, provided (1) neither the Content nor the Website Design is modified in any manner, and (2) you only use the Content for personal or non-commercial use and you will not redistribute, broadcast, or copy the Content to any other media without the prior written consent of Trim. Any other use of the Content or the Website Design is prohibited. Neither the Content nor the Website Design may be otherwise reproduced, republished, or re-disseminated in any manner or form without the prior written consent of Trim.


Linking

You may link to the front page of this Website at easystoremanager.com, provided that you do not do so in a way that damages or takes advantage of Trim’s reputation or suggests a form of association with or endorsement by Trim of any other person or website where none exists. Any other link to this Website, and any linking to pages within this Website or the reuse or framing of Content is prohibited, without the prior written consent of Trim. Trim reserves the right to withdraw linking permission at any time and for any reason.

Trim makes no representations or warranties whatsoever about any other website which you may access through this Website. When you access a non-Trim website, you acknowledge that it is independent from Trim and that Trim has no liability or control over the content on that website. Trim does not endorse or accept any responsibility for the content or the use of any hyperlinked website. It is up to you to take precautions to ensure that whatever you access or select for your use is free of items such as viruses and other items of a destructive nature. Further, Trim assumes no responsibility, and shall not be liable for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing the Website or downloading any Content from the Website.

These terms and conditions, including any documents referenced herein and any other applicable terms and conditions contained on this Website constitute the entire agreement between Trim and you pertaining to your use of this Website. Trim’s failure to enforce any provision of these terms and conditions shall not be construed as a waiver of such term or condition. The invalidity or unenforceability of any of these terms and conditions will not affect the validity or enforceability of any other term and condition.

You agree that if you breach any of the terms and conditions above that you will no longer be authorized to access or use this Website and that you will immediately destroy all downloaded or printed Content.


Privacy Policy


Who We Are

We are TRIM-P.O.S. Software Corp (referred to herein as “Trim,” “we,” “us,” or “our”). We are committed to protecting the privacy of all visitors to www.easystoremanager.com (“Site”) and protecting any personal information you may provide by using our Site or our mobile application.


Purpose of this Privacy Policy

We provide access to the website’s of third party vendors (“Partners”) in order to place orders for products and/or services offered on their websites (“Services”). This Privacy Policy explains how we handle your Personal Information, including how we collect it, use it, and share it with others, in the course or fulfilling our obligations to our Partners.

Having reviewed this Privacy Policy, you expressly consent to the terms and conditions of this Privacy Policy and to the Terms of Use governing use of the Site. We assume that by continuing to use the Site you consent to the collection, use and disclosure of your Personal Information as set out in this Privacy Policy. If you do not agree with any part of this Privacy Policy you should not conduct any transactions on this Site or the mobile application.


What Is “Personal Information”?

Personal Information is any information that identifies you as an individual, such as your name, address, telephone number and other information, such as order history, that may be tied to your identity. Personal Information does not include information respecting a business organization, or the name, title or business address or telephone number of an employee of an organization. Personal Information does not include aggregated or anonymized information that does not identify you as an individual.


What Personal Information Do We Collect

We collect Personal Information in order to facilitate the services that are offered through the Site. This may include:


How We Use Your Personal Information

We may collect, use, disclose and retain Personal Information in order to facilitate the Services that are offered through the Site. This may include:

We share your Personal Information with our Partners so that they can process and fulfill your orders (“Order”). Our Partners will collect, use and disclose your Personal Information only for the purpose of fulfilling your Order.

Except as required for the foregoing, or as required or permitted by applicable law, Trim does not disclose your Personal Information to third parties without your prior consent.


If You Elect Not To Provide Personal Information

You may choose not to provide us with your Personal Information or to revoke your consent. However, if you choose not to provide your Personal Information, you will not be able to create an account on our Site, and if you revoke your consent to use your Personal Information we will be unable to provide our Services and you will be unable to place orders with our Partners.


Consent

We try to ensure that you understand how we collect, use and disclose your Personal Information. One of the ways this is done is by obtaining your consent. Consent may be either express or implied. Express consent is given when we specifically ask you if it is acceptable to you that we gather certain information and you explicitly agree that it is. Implied consent occurs when you provide information that may be Personal Information without objection. As we obtain only the information necessary to assist you with the transaction you require, we operate under the understanding that you have agreed to provide us with this Personal Information voluntarily and with knowledge of this Policy whenever you do so.


Cookies

This Site uses “cookies” to help personalise your online experience with us. A cookie is a small text file that is stored on your computer to help us make your visit to our site more “user friendly”. Cookies provide us with information about your use of the Site that can help us improve the Site and your experience with it. Any Personal Information collected about you through cookies will be treated in accordance with this Privacy Policy. If you have set your browser to warn you before accepting cookies, you should receive a warning message with each cookie. You may refuse cookies by turning them off in your browser, however you should be aware that our site like most other popular sites may not work well with “cookies disabled.”


Access

We will advise you on request about what Personal Information about you that we have collected, as well as how it has or will be used. If you provide a written request for this information, we will provide it to you within a reasonable time following confirmation of your identity and may charge a reasonable cost (e.g. photocopying and mail charges) to the individual making the request. We will inform you whether or not we hold Personal Information about you and, when possible, the source of the Personal Information, its use, and any parties to whom it may have been disclosed. You may be required to provide sufficient proof of your identity at this time to ensure the safety and security of the Personal Information we hold and that it is provided to individuals in accordance with this Policy. We reserve the right to decline to provide access to Personal Information where the information requested: would disclose Personal Information of another individual or of a deceased individual; is subject to legal privilege; is personal health information that was not provided to us directly by the individual requesting access; is not readily retrievable and the burden or cost of providing would be disproportionate to the nature or value of the information; does not exist, is not held, or cannot be found by us; could reasonably result in serious emotional harm to the individual or another individual, or serious bodily harm to another individual; or, may harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorized by statute to perform such functions. We will not respond to repetitious or vexatious requests for access.


Updating or Correcting Your Information

You may in most cases correct or update your Personal Information by accessing your Account directly, or by instructing us to do so on your behalf.


Security and Retention

We operate secure data networks protected by industry standard firewall and password protected systems, and maintain physical, encryption, electronic and procedural safeguards to guard the integrity and privacy of these servers and of your Personal Information. Although we can’t guarantee that there will never be a security problem, we and our Partners that have access to your information carefully guard against the loss, misuse or alteration of the information we collect on our Site.

We will retain your Personal Information for as long as your account is active or as needed to provide you services. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.


Delete Account / Withdraw Processing Consent

You are free to withdraw your account consent for Trim to process your Personal Information by deleting your Account on your own or by instructing us to do so on your behalf. In some circumstances, a modification or revocation of consent may limit or prevent us from providing products or services to, or acquiring products or services from you.


Changes to this Privacy Policy

We reserve the right to amend this Privacy Policy from time to time as required and without notice by posting an amended version on our website.


For More Information or Assistance

If you have any questions regarding this Privacy Policy or the privacy practices of Trim, or if you require assistance to withdraw your consent to our processing of your Personal Information or wish to request that your Personal Information be deleted, please contact us by sending an email to privacy@trimpos.net or writing to us at Trim-POS Software Corp., 564 Queen Street, Chatham, N7M 2J6, Attention: Chief Privacy Officer. (1-800-556-2321)

Last Updated: May 27, 2018


Accessibility Clarification

To clarify our Limited Access clause above, we strive to make our website accessible to the widest possible audience, including individuals with disabilities. However, due to factors beyond our control, we cannot guarantee the full accessibility of our website at all times. These factors may include technological limitations, compatibility issues with assistive devices, or the presence of third-party content or functionality that may not meet accessibility standards.

We encourage users who encounter accessibility barriers or have difficulty accessing certain features of our website to contact us. Your feedback will help us improve the accessibility of our website and address any issues in a timely manner.

Please note that while we are committed to providing an inclusive online experience, we are not responsible for the accessibility of third-party content or functionality integrated into our website. We recommend users to report any accessibility issues related to such third-party elements directly to the respective providers.

By using our website, you acknowledge that we cannot guarantee accessibility for individuals with disabilities in all cases, and you agree that we shall not be held liable for any damages or claims arising from accessibility barriers encountered while using our website.

Appeneded: May 19, 2023