Terms & Conditions
Terms & Conditions
Updated March 21, 2017
Acceptance of Terms
The Fish Tank, a division of Little Fish Big Pond Inc. and Little Fish Big Pond Inc. itself, which will be known as (TFT/LFBP) is located at http://www.thefishtank.ca, and provides its Web Site and Web-Based Service, which will be known as (“Service”) to you through its web site located at http://my.thefishtank.ca. By accepting this Terms and Conditions, which will be known as (“Terms”), you acknowledge that you have read, understood, and agree to be bound by this (“Terms”) between you and (TFT/LFBP). If you are entering into this (“Terms”) on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this (“Terms”). You agree that you and those in your organization whom you are signing up are 18 years of age or older.
(TFT/LFBP), reserves the right to revise its (“Terms”) from time to time without prior notice. You can review the most current version of this (“Terms”) at any time at http://www.thefishtank.ca/terms-conditions.html. The revised (“Terms”) will become effective on its posting date and your continued use will be treated as your as acceptance of the revised (“Terms”). Should the revised (“Terms”) not be acceptable to you may ceases to access and use the (“Service”).
Description of Service
The (“Service”) is a CRM and small business management tool that provides users the ability to capture information including but not limited to: Client Demographics, Sales Pipeline, Cash Flow-at-a-glance, Project Management, Products/ Service Categories, and a myriad of rich data and Sales Reports, with the added marketing function of being able to email your specific client groups. The (“Service”) provides its users with a unique Project Log and Activity function to keep you organized and on track. Users of (“Service”), can also use The Learning Tank, where you will have access to a growing number of curated article and videos for continued learning on business development and management.
The sole purpose of (“Service”) is to help you and your business do better, however, its content and tools are generic and are not designed for any one person, company, industry or sector. Information given are only examples and estimates and are not to be use for any legal, accounting, and auditing purposes. (TFT/LFBP), are not responsible for how you or your company use this service, nor for the information you input, nor for the results you gather as a result. (“Service”) is provided as is and does not make any warranties or claim of any kind either expressed or implied.
Subject to your acceptance of this (“Terms”), (TFT/LFBP) gives you (based on your continued monthly payment) a limited, non-exclusive, non-transferable, non-sub-licensable license to, view, copy, display and print your content solely in connection with your licensed use of the (“Service”). You also agree that (TFT/LFBP) reserves all rights to the intellectual property of the (“Service”).
The (“Service”) including without limitation, the web site, hosting, services, system, content (except the client data you add) and any parts are solely and exclusively owned and operated by (TFT/LFBP), the suppliers and their third party vendors.
Under these (“Terms”), you may access and use the (“Service”) for your internal business purposes only and not allow any unauthorized users to access or use the (“Service”). Under these (“Terms”), you will not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the (“Service”) available to any third party, copy, modify or distribute any portion of the (“Service”) or use the (“Service”) to process data on behalf of any third party; or use the (“Service”) in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the (“Service”) and its components. By accepting these (“Terms”), you agree to not reverse engineer, copy, duplicate, distribute, modify, adapt, hack, create derivative works, or decompile the (“Service”) or any part or element of it, nor attempt to extract the source code or otherwise attempt to gain unauthorized access to the (“Service”) or its related systems or networks. As a user of the (“Service”) you are responsible for all of your information, data, text, messages or other materials (text and images) that you upload or otherwise email (“Your Content”), via the (“Service”) nor will you send bulk unsolicited email through the (“Service”).
Your acceptance of these (“Terms”) does not grant you ownership of any content, code, data or any part of the (“Service”) other than the client data you have entered, which you may export at any time via a csv file.
Upon registering for the (“Service”), you agree to provide accurate registration information and agree to keep your records up to date in Your Account Settings of the (“Service”).
Payment and Refunds
When you add a credit card payment to access the (“Service”) account, a third party, www.Stripe.com who handles payments for us, will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.
Once again, your credit card payment to the subscription to the (“Service”) is managed and processed through www.Stripe.com on a recurring monthly payment. The first 30-days of your initial sign up is free, but one month after, your credit card will be billed and again every month after that. Should you purchase additional licenses at a later-date, under that account, you will be charged pro-rata from any date you upgrade or add licenses. Prices are subject to applicable taxes and prices can change at any time upon a 30-day notice from us. Also, special pricing may be granted to companies with over 50 users or an unusually high monthly storage or email capacity. (TFT/LFBP) does not provide refunds or credits.
It is vital for you to keep your account records on The Fish Tank up to date, as well as your credit card information. We have provided a place on your account setting page to update credit card expiry dates or add a new card altogether. You will notice that our system does not store the number (only the last 4 digits, as permitted by law), and that whatever you key in goes directly to www.Stripe.com.
Should Stripe be unable to processes your monthly payment for any reason, you will receive an email with a link that takes you to your account settings to update your credit card information. This will be attempted a couple of times, and should you not update your credit card information, your subscription will be disabled.
Cancellation and Termination
As a licensed user, you are you are responsible for cancelling your account or a staff member’s account if you are the administrator of the company account, at any time by emailing email@example.com. We will disable your account within 48 hours and will be charged for the remainder of your fiscal month with The Fish Tank. Refunds will not be given for any reason. We hold your data for 12 months from the date of your cancelation at which time all of your data will be deleted.
(TFT/LFBP), reserves the right to modify, suspend, or cancel the (“Service”) at any time without notice, and are not responsible for any third party vendor modification, suspension, ore discontinuation of their services in support of the(“Service”). We also reserve the right to disable your account if you have been in breach of contract with the (“Terms”), due to non-payment or if we suspect fraudulent, abusive, or illegal activity (see User Conduct). We will make a reasonable attempt to notify you via email, but cannot be responsible for your incoming email any internet interruption.
You may not use the (“Service”) for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all your local and Internet laws that apply to your use of the (“Service”).
You may not use the (“Service”) in any manner which could disable, overburden, damage, or impair the (“Service”), or interfere with any other party's use and enjoyment of the (“Service”).
You agree that you are responsible for your own conduct and communications while using the (“Service”) and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the (“Service”) you will not: post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party; impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content; use the (“Service”) in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise); use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the (“Service”) to collect information about other users or domain names; upload files that contain bugs, viruses, trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.
While (TFT/LFBP), prohibits such conduct and User Content in connection with the (“Service”), you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the (“Service”) at your own risk.
(TFT/LFBP), reserves the right to monitor use of this (“Service”) to determine compliance with these (“Terms”). Although (TFT/LFBP) does not read, review, vet or otherwise assess User Content in advance of its posting, (TFT/LFBP) reserves the right to remove any User Content and/or terminate your Fish Tank User Account without notice for breach or for any other reason.
Your use of this (“Service”) is entirely at your own risk. The (“Service”) and content is provided "as is" and without warranties or conditions of any kind, either expressed or implied, including any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, or non-infringement. (TFT/LFBP), does not warrant that the (“Service”) or its contents will be uninterrupted or error-free, that defects will be corrected, or that (“Service”) or the server that makes it available are free of viruses or other harmful components.
Without limiting the foregoing, (TFT/LFBP) does not warrant or make any representation regarding use, the ability to use, or the result of use of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors. (TFT/LFBP) may make changes or improvements to the content or the website at any time. (TFT/LFBP) makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.
Limitation of Liability
(TFT/LFBP) its employees, agents, officers and directors will not be liable for any direct, indirect, incidental, punitive, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages, or damages resulting from any (i) errors or omissions in content, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, or (v) for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the (“Service”). This limitation of liability applies regardless of the legal theory giving rise to the damages, even if (TFT/LFBP) have been advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that (TFT/LFBP) its employees, agents, officers and directors shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to defend, indemnify and hold harmless (TFT/LFBP) its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney's fees and other expenses arising from: (i) your use of and access to the (“Service”); (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that you did not have the right to provide any user content or that your user content caused damage to a third party. This defense and indemnification obligation will survive these terms and your use of the (“Service”); In such a case, (TFT/LFBP) will provide you with written notice of such claim, suit or action.
(TFT/LFBP) uses You Tube to host videos and send you to other You Tube videos, as well as other links as part of our Learning Tank.
The Blog and Learning Tank’ articles, advise, training, links and other information and material are provided as examples and your acceptance to the (“Terms”), you agree not to place and reliability of any kind in their content and understand that (TFT/LFBP) will not liable for any bad or indifferent advice you receive. You also understand that The Learning Tank may not yet be fully populated.
Trademark and Copyright Information
Various logos used and displayed on the (“Service”) are property of (TFT/LFBP) and cannot be used without written permission
All Content of the (“Service”) are © Copyright 2016 The Fish Tank. All Rights Reserved. The Fish Tank is a division of Little Fish Big Pond Inc.
(TFT/LFBP) reserves all rights to the intellectual property of the (“Service”).
If you have any questions about this or the (“Service”), please contact us at:
The Fish Tank
c/o Little Fish Big Pond Inc.
1500 Upper Middle Road West, #239
Canada L6M 0C2