Terms and Conditions

Welcome to Presence!

These terms and conditions outline the rules and regulations for the use of Presence App and Platform's Website, located at https://presenceapp.ca.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Presence if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Presence, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Presence App and Platform and/or its licensors own the intellectual property rights for all material on Presence. All intellectual property rights are reserved. You may access this from Presence for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Copy or republish material from Presence

  • Sell, rent, or sub-license material from Presence

  • Reproduce, duplicate or copy material from Presence

  • Redistribute content from Presence

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Presence App and Platform does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Presence App and Platform, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Presence App and Platform shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Presence App and Platform reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

  • The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

  • The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Presence App and Platform a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

  • Commonly-known consumer and/or business information sources;

  • Dot.com community sites;

  • Associations or other groups representing charities;

  • Online directory distributors;

  • Internet portals;

  • Accounting, law, and consulting firms; and

  • Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Presence App and Platform; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Presence App and Platform. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Presence App and Platform's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • Limit or exclude our or your liability for death or personal injury;

  • Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • Limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Mobile Application Terms and Conditions

Last Updated: 2025-12-10

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PRESENCE APPLICATION.

1. ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using the Presence mobile application ("App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the App.

2. DESCRIPTION OF SERVICE

Presence is a community connection platform that facilitates connections between community groups, local businesses, and consumers. The App allows users to:

- Discover and follow community groups and organizations
- Browse and discover local businesses
- View partnerships between businesses and community groups
- Access community information and resources

3. USER ACCOUNTS AND REGISTRATION

3.1. To use certain features of the App, you must create an account by providing accurate, current, and complete information.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3.4. You must be at least 13 years of age to use the App. If you are under 18, you represent that you have your parent's or guardian's permission to use the App.

4. USER CONDUCT

4.1. You agree to use the App only for lawful purposes and in accordance with these Terms.

4.2. You agree NOT to:

- Use the App in any way that violates any applicable local, state, national, or international law or regulation
- Transmit any material that is defamatory, offensive, abusive, or otherwise objectionable
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Interfere with or disrupt the App or servers or networks connected to the App
- Attempt to gain unauthorized access to any portion of the App or any other systems or networks
- Use any automated means to access the App without our express written permission
- Collect or harvest any information from the App without our express written permission

5. USER CONTENT

5.1. You retain ownership of any content you post, upload, or share through the App ("User Content").

5.2. By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your User Content in connection with the operation of the App.

5.3. You represent and warrant that:

- You own or have the necessary rights to all User Content you post
- Your User Content does not infringe upon the rights of any third party
- Your User Content is accurate and not misleading

5.4. We reserve the right to remove any User Content that violates these Terms or that we determine is otherwise objectionable.

6. BUSINESS AND COMMUNITY GROUP LISTINGS

6.1. Businesses and community groups are responsible for the accuracy of information they provide in their listings.

6.2. We do not endorse, guarantee, or warrant the accuracy, completeness, or quality of any business or community group information provided through the App.

6.3. Partnerships and relationships displayed in the App are based on information provided by users and are not verified by us unless explicitly stated.

7. INTELLECTUAL PROPERTY

7.1. The App and its original content, features, and functionality are owned by Presence and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2. You may not copy, modify, distribute, sell, or lease any part of the App or its content without our express written permission.

8. PRIVACY

8.1. Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.2. By using the App, you consent to the collection and use of your information as described in our Privacy Policy.

9. DISCLAIMER OF WARRANTIES

9.1. THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2. We do not warrant that:

- The App will be available at all times or will be uninterrupted
- The App will be error-free or free from viruses or other harmful components
- The information provided through the App will be accurate or complete

10. LIMITATION OF LIABILITY

10.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRESENCE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE APP.

10.2. Our total liability to you for all claims arising from or related to the App shall not exceed the amount you paid to us, if any, in the twelve (12) months prior to the claim.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Presence and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

- Your use of the App
- Your violation of these Terms
- Your violation of any third-party right, including any intellectual property or privacy right
- Any User Content you post or transmit through the App

12. TERMINATION

12.1. We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.

12.2. Upon termination, your right to use the App will cease immediately.

12.3. All provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. MODIFICATIONS TO TERMS

13.1. We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms within the App or by other reasonable means.

13.2. Your continued use of the App after any such modifications constitutes your acceptance of the new Terms.

14. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of Canada.

15. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Presence regarding the use of the App and supersede all prior agreements and understandings.

17. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Email: admin@presenceapp.ca

Website: https://presenceapp.ca

18. ACKNOWLEDGMENT

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

Get in touch

admin@presenceapp.ca

Terms
Privacy