Terms & Conditions | Pathathon

TERMS AND CONDITIONS

TERMS OF USE

Effective date: 3rd day of April 2023

The PATHATHON Application (‘the app or site”), is owned and operated by PATHATHON, carrying on its business activities in Mexico. These Terms of Use govern your use of this PATHATHON Application.

1. YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you, or user”) and PATHATHON (“PATHATHON, we,” “us” or “our”), concerning your access to and use of the Application (IOS and ANDROID inclusive), and any other media form, media channel, related, linked, or otherwise connected thereto (collectively, the “Site, “App” or PATHATHON APP”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these TOU Use. IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

BY SIGNING UP TO USE THE APP OR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE FORMS WE SEND YOU ARE PROPER NOTIFICATION OF SUCH REPORTS AND THAT YOUR NAME AND DATE OF SENT REPORT WILL BE RECORDED ON OUR DATABASE WHICH WILL SUFFICE AS A SIGNATURE FOR SUCH REPORTS.

Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these TOU at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these TOU and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued use of the Site after the date such revised Terms are posted.

2. YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these TOU, you agree to the terms of our Privacy Policy which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

3. YOUR CONSENT TO OTHER AGREEMENTS

When you intend to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these TOU, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

4. ABOUT PATHATHON APPLICATION

The PATHATHON APP is a meaningful and goal-oriented platform where users may subscribe to and pursue their most significant long-term goals, such as (Student, Parent, Entrepreneur, Immigrant, etc.). The PATHATHON platform offers an ecosystem of selected route-related material in the form of blogs, events, and advertisements that users will find valuable and relevant during their path journey. The portal also offers path-related assistance from members of the local community in the form of employment, services, rents, and a marketplace.#

In addition, we will offer local adverts and bargains from local companies and link users with businesses that are interested in that business. Users who are interested in the deal may fill out the contact form, and we will forward that information to the company owner.

The blogs, events, and discounts will be posted and handled by the admin. Users can post jobs, services, items, and rentals, but they must be authorized by a moderator and/or may be edited for conformance & quality control before they can go live. You accept that the post approval procedure might be entirely or semi-automated with software. We cannot, however, guarantee flawless 100% moderation and rely on users to report posts that violate the platform's rules and regulations.

We created the app to make it simple to use the service. We recommend that you download the program software from the IOS Playstore and Google Playstore in order to utilize it. Check that your smartphone is up to date and compatible with the latest version of the PATHATHON APPLICATION. After successfully installing the program, we will want you to join up and establish a profile page so that you may utilize the service. We also allow visitors to browse the site and use the app without making an account by choosing the appropriate path/routes and interests. By using our website and App, guest agree to our T&C, Privacy and Cookies Policies. The guest may browse the contents but may not upload material to the server. The location and IP address of the guests are also recorded. Guest data and settings are saved locally in the app, in cookies, and on the server.

5. APPLICABILITY

"These general terms and conditions (the "Conditions") apply to:

(a) The use of any information, pictures, documents and/or other services offered by PATHATHON APP via (our “Website”);

(b) The downloading and Installation of the PATHATHON APP Mobile Application (IOS or ANDROID) on your smartphone.

6. ACCOUNT.

To use and enjoy the services we provide, we require you to register an account with us. You would be required to download the PATHATHON APP Mobile Application on your device (IOS, and ANDROID).

Your Account is for your individual personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password.

We also employ SMS OTP verification as one of the major authentication measures when creating your account. We would also need you to use a legitimate phone number that is unique to you for SMS authentication. Failure to use your phone number may result in platform deactivation. We advise that you keep your phone number safe so that no unauthorized registration or account updates occur.

You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.

6. USE OF SERVICES/USER PROHIBITIONS

6.1 Subject to your compliance with these Terms, PATHATHON grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

6.2 You shall use the Services in accordance with these Terms and shall not:

Upload any Content (as defined below) that violates or infringes another party’s rights of publicity, Privacy, Copyright, trademark or any other intellectual property right.
Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the services.
Make any modification, adaptation, improvement, enhancement, translation or derivative work from the services.
Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
Use the Services in violation of or to circumvent any sanctions or embargo.
Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of PATHATHON or its affiliates, Partners, Suppliers or Licensors.
Use the Services for any purpose for which it is not designed or intended. You also agree not to use the platform to store or record data, and you release us from any liability relating to data or content loss.
Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by PATHATHON.
Use any proprietary information or interfaces of PATHATHON or any other intellectual property of PATHATHON in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
Collect any information in respect of other users without their consent.
Commit any act to avoid paying any applicable fees and/or charges.
Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
Authorise or encourage anyone to do any of the foregoing.

6.3 The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the PATHATHON application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the service in accordance with these terms of service.

6.4 Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the service.

6.5 Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “PATHATHON” name, or any of the “PATHATHON” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to PATHATHON

6.6 These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of PATHATHON’s materials and content, the Service, PATHATHON name and/or trademarks, other than as set out in these Terms of Service.

8. PAYMENT, PRICING & SHIPPING

(a) Payment and billing information.

Payments for the purchase of any product can be done with the use of PayPal, & Credit cards. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your PATHATHON account, you can do so at any time by logging into your account and editing your payment information.

(b) Pricing and availability.

Prices for the services can be shown in CAD, USD or your country’s local currency.. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes via one of the means described in this terms and conditions. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in these terms.

(c) Taxes.

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

9. PATHATHON APP’S INTELLECTUAL PROPERTY

Content For purposes of these Terms, “content” is defined as any information, communications, published works, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is owned by PATHATHON APP, our Affiliates or our licensors.

Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with PATHATHON APP’s prior express written consent. Any use of the content other than as permitted by these Terms, or any other unauthorized use of the content may make you liable to PATHATHON APP or its licensors for violation of intellectual property rights.

Trademarks or service marks of PATHATHON APP include, but are not limited to, PATHATHON APP™ and the PATHATHON APP logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or service marks of PATHATHON APP or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of PATHATHON APP, our Affiliates or our licensors.

Site Use PATHATHON APP grants you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site which is not owned by you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without the prior written permission of PATHATHON APP, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. PATHATHON APP reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.

No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.

10. SOFTWARE UPDATES

We may update the Software from time to time, at our sole discretion. The update may be in the form of adding new features, bug fixing and new versions of the Software. In order to provide you with the most current version of the Software, you agree that new updates and versions of the Software may download and install automatically as they are made available by us, in our sole discretion. You agree to receive and permit us to deliver such new updates and versions to you. These updates and new features may include additional terms that you will have to agree to.

11. APP USE LICENSE

When you use the Services through the App, then PATHATHON APP grant you a revocable, non-transferable, non-exclusive, limited right to install and use it on wireless phones and devices that are in accordance with the terms and conditions of this license, used and controlled by you and shall not:

Decompile, disassemble, reverse-engineer, attempt to know the source code of the App, or decrypt it;
make any modification, enhancement, adaptation, improvement, translation or derivative work from the App;
go against any applicable laws, regulations, or rules regarding your use of the App;
alter, remove, or obscure any of PATHATHON APP’s proprietary notice, and the licensor of the App;
make the App available over network or other environs that allow access or use by multiple devices or multiple users at the same time;
use the App to create services, or software that is directly or indirectly competitive with or in any way a substitute for the App;
use the App to send automated queries or unsolicited commercial emails to any platform; and
Make use of any proprietary information of PATHATHON APP in the development, design, manufacture, distribution, or licensing of any application, devices, or accessories for use with the App.

12. TERMS REGARDING APPLE AND ANDROID DEVICES

The following terms and conditions will apply when you access the App either from the Apple Store or the Google Play Store. You acknowledge that these Terms is between you and PATHATHON APP only and not with Apple Inc. or Google Inc. (both an “App Distributor”), and PATHATHON APP (which is not an App Distributor) is directly responsible for the App and the App Content thereof.

Scope of License: The license granted to you for the App is limited to a non-transferable permit to use the App on a device that uses the Apple iOS and/or Android operating system as applicable and in line with the usage rules set forth in the applicable App Distributor terms and conditions agreement.
Maintenance and Support: PATHATHON APP is solely responsible for providing any maintenance and support services with respect to the App as specified under these Terms and applicable laws. You hereby agree that no App Distributor is responsible for any support and maintenance services in relation to the App.
Warranty: PATHATHON APP is responsible for any service warranties, whether express or implied by law, to the extent not effectively disclaimed. In any event, where the App fails to conform to any applicable warranty, you may alert the relevant App Distributor, and the App Distributor, in accordance with its policies and terms, may refund the purchase price (if any) paid for the App, and to the fullest extent permissible by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, expenses or costs attributable to any failure to obey any warranty will be PATHATHON APP’s sole responsibility.
Service Claims: You hereby agree that PATHATHON APP (not an App Distributor) is liable for addressing any of your claims or those of a third party relating to the App or your control and/or use thereof, including but not limited to; (a) service liability claims; (b) any claim that the App fails to obey any applicable or legal requirement; and (iii) claims arising from consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that in the event of any third-party claim that the App or your use thereof infringes a third party’s intellectual property rights, the relevant App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You agree to follow all relevant rules and regulations in the country from which you access the service or use the application. It is also the obligation of users to exercise caution while engaging with other users on the platform from other places..
Third Party Terms and Conditions Agreement: You must comply with the third-party terms and conditions agreement applicable when using the App. For example, if you have a VoIP application, you must not violate their wireless data service agreement when using the App.
Third Party Beneficiary: Both you and PATHATHON APP acknowledge that the App Distributors and their subsidiaries are third party beneficiaries of these Terms and that upon your acceptance of the terms and conditions of these Terms, each App Distributor will have the right to enforce these Terms against you as a third-party beneficiary thereof.

13. TERMINATION

Termination by you. You may terminate these Terms and the license granted to you hereunder at any time by uninstalling and removing the Software from your device, and by ceasing to use the App.

Termination by us. Without prejudice to any other rights we may have, these Terms and the license granted to you hereunder automatically terminate without notice, if you fail to comply with or breach any provision of these Terms. In no event will we be liable for the suspension, removal of or disabling of your access to PATHATHON APP or to any feature available therein. You acknowledge that upon expiration or termination of your license, the license key may automatically de-activate.

14. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may contain connections to other websites, and platform users may also publish external links.. PATHATHON APP hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. PATHATHON APP shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.

15. YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that: (i) you will only use PATHATHON APP as permitted under these Terms; (ii) you agree to comply with all applicable laws, rules and regulations, and industry best practices while using PATHATHON APP; (iii) you will not use PATHATHON APP for any fraudulent or inappropriate purpose; (iv) you shall not prevent others from using PATHATHON APP.

16. DISCLAIMER OF WARRANTIES

PATHATHON APP IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) PATHATHON APPWILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF PATHATHON APP WILL BE UNINTERRUPTED; OR (III) PATHATHON APP IS OR WILL BE AVAILABLE WHERE YOU RESIDE OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH PATHATHON APPIS TO UNINSTALL AND CEASE USE OF ALL PATHATHON APP PRODUCTS. Further and except as expressly provided herein, we are not obligated to maintain or support PATHATHON APP, or to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume all the responsibility and risk for your use of PATHATHON APP and your breach of any of your representations and warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.

17. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE OF PATHATHON APPOR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE PATHATHON APP UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID IF ANY, BY YOU FOR THE USE OF PATHATHON APP.

18. INDEMNITY

You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your access to or use of PATHATHON APP; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.

19. GOVERNING LAW AND DISPUTES

This Agreement will be governed by, construed and enforced in accordance with the laws of Canada, without regard to its conflicts of law principles or provisions. Ontario Courts shall have jurisdiction to adjudicate disputes.

20. GENERAL

These Terms constitutes the entire understanding between the parties with respect to the matters referred to herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without our prior written consent. The controlling language of these Terms is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and us, and you do not have any authority to create any obligation or make any representation on our behalf.

21. Contact Us.

If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at support@pathathon.com and we will make an effort to reply within a reasonable time-frame.

CONNECT LIVE AT Elevate FESTIVAL, Toronto - OCT 1 to 3

This website uses cookies.