Welcome to The Compass – THCF’s Camper Portal.

These terms and conditions outline the rules and regulations for the use of this camper portal and it’s associated content.

Tim Horton Children’s Foundation is located at:
RR#2, 264 Glen Morris Road E. , St. George, Ontario – N0E 1N0, Canada

Tim Horton Children’s Foundation operates as Tim Horton Children’s Foundation, INC.  in Canada, and Tim Horton Children’s Foundation (US), INC in The United States of America. For the purposes of this document, both shall be referenced hereon as Tim Horton Children’s Foundation. (collectively, “THCF” or “Company”)

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use thethcompass.com (the “Website”) if you do not accept all of the terms and conditions stated on this page.

Access to the Website is password protected and is restricted to (a) campers and staff of THCF and (b) any other person or entity authorized by THCF (collectively, “Authorized Users”).

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, as well as any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies
We employ the use of cookies. By using Tim Horton Children’s Foundation’s website you consent to the use of cookies in accordance with Tim Horton Children’s Foundation’s privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Confidentiality

Authorized User understands and agrees that information submitted on the Website is confidential. By using the Website, Authorized User agrees to maintain the secrecy and confidentiality of such information. Authorized User shall not disclose or grant access to the Website or its contents to any third party and shall use the same standard of care to protect such information as such Authorized User uses to protect its own confidential information, provided that such standard of care is at least reasonable.

Restrictions on Use

Authorized User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or offer for sale any information contained on, or obtained from, the Website.

Content Submitted by Authorized Users

Authorized User may be allowed to post or upload comments, information, links, audio, photos, videos, or other materials (collectively, “Content”). Authorized User is responsible for such Content. Authorized User agrees to only post Content that Authorized User owns or has permission from the owner of the Content to post. Authorized User understands and agrees that the Content: (a) will be shared among all users; (b) is not confidential or proprietary; and (c) will be attributable to the Authorized User without any expectation of anonymity. Other users and THCF will have access to information, ideas, concepts, graphics, photographs, copy, suggestions, know-how, or techniques contained in any Content posted by Authorized User (each, a “Submission”). Authorized User grants THCF a worldwide, royalty-free, perpetual license, to use any Submissions for THCF purposes. Authorized User acknowledges and agrees that THCF has the absolute right (but not the obligation) to monitor Content posted to the Website in its sole discretion. THCF reserves the right to alter, edit, refuse to post or remove any Content, in whole or in part, for any reason or for no reason, including, without limitation, if THCF believes that the Content falls into any of the Prohibited Activities described below.

Prohibited Activities

Authorized User agrees not to use or access the Website for any of the following:

  • to violate any law, threaten or encourage bodily harm or destruction of property, commit fraud, or abuse, harass, embarrass, deceive, slander or defame others
  • to harm, or attempt to harm, any person in any way
  • to transmit or facilitate any unsolicited commercial bulk e-mail
  • to access, or to attempt to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of THCF or another entity’s computer software or hardware, electronic communications system, or telecommunications system
  • to impersonate another person or allow another person to use Authorized User’s account to post on, or access the Website
  • to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party
  • to collect, attempt to collect, or post personal information about third parties without their knowledge or consent
  • to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other destructive or deceptive material
  • to test or reverse-engineer the Website in order to find limitations, vulnerabilities or evade filtering capabilities
  • to alter, disable, or interfere with any aspect of the Website
  • to interfere with the use of the Website (or the equipment used to provide the Website content and services) by other users, including excessive consumption of network or system resources whether intentional or unintentional
  • to re-sell the functions or services performed through the Website THCF reserves the right to investigate and take appropriate legal action against anyone who THCF determines, in its sole discretion, engages in any of the activities mentioned above. THCF may delegate this right to any of its affiliates or subsidiaries.

License
Unless otherwise stated, Tim Horton Children’s Foundation and/or it’s licensors own the intellectual property rights for all material on thethcompass.com. All intellectual property rights are reserved. You may view and/or print pages from https://thethcompass.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from https://thethcompass.com
Sell, rent or sub-license material from https://thethcompass.com
Reproduce, duplicate or copy material from https://thethcompass.com
Redistribute content from https://thethcompass.com (unless content is specifically made for redistribution).

User Comments
Certain parts of this Website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Tim Horton Children’s Foundation does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Tim Horton Children’s Foundation, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Tim Horton Children’s Foundation shall not be responsible or liable for the Comments or for any loss cost, 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.

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 infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or 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 to Tim Horton Children’s Foundation a non-exclusive royalty-free 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. To be clear, Tim Horton Children’s Foundation will own rights to all content or data posted or uploaded by the user to thethcompass.com

Hyperlinking or External Access to our Content

The Compass Camper Portal and Website (thethcompass.com) is closed to outside registration, and is not accessible to users who do not possess a valid user account. User accounts are administered at the sole discretion of the Tim Horton Children’s Foundation.

It is forbidden to link, frame or otherwise attempt to access information and content hosted on The Compass without a user account without the express written permission of the Tim Horton Children’s Foundation.

Reservation of Rights
We reserve the right to amend these terms, conditions and policies at any time. By continuing use our Web site, you agree to be bound to and abide by these terms and conditions.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability
We shall have no responsibility or liability for any content appearing on thethcompass.com or content that may be associated with this site & portal. You agree to indemnify and defend us against all claims arising out of or based upon your Website.

Behaviour Agreement
thethcompass.com is part of the camp community, and while using it you are held to the same behaviour expectations as when you are at camp. We expect all participants to act in ways that demonstrate kindness, safety, and respect. If a person’s behaviour on thethcompass.com affects the safety or well-being of themselves or others, or if it is disruptive to the positive learning community, they run the risk of being removed from aspects of the YLP program or being dismissed from it entirely. These behaviours include harassment, threatening comments, sexual misconduct or any form of discrimination.

By using thethcompass.com you are stating that you agree to conduct yourself according to this behavior agreement.

Disclaimer of Warranties

THCF assumes no liability or responsibility for any errors or omissions in the content of the Website, any failures, delays or interruptions in the delivery of any content contained on the Website, or any losses or damages arising from the use of the content provided by the Website or from any viruses or other malicious code that may be transmitted through such use. THCF is not responsible for any third party products or services offered on the Website, if any. TO THE FULLEST EXTENT PERMITTED BY LAW, THCF, ITS SUBSIDIARIES, AND AFFILIATES (THE “THCF ENTITIES”), AND EACH OF THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED REGARDING ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. The THCF Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Website will be reliable, accurate, complete, or updated on a timely basis; (b) the Website will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; or (d) the functions or services performed on the Website will be uninterrupted, secure or error-free or that defects in the Website will be corrected.

Indemnification

By using the Website, each Third-Party Authorized User accepts all responsibility for, and hereby indemnifies and holds harmless THCF, each of its related companies, and each of their respective officers, directors, employees, shareholders, successors and assigns from and against any claims that may arise from actions taken by such Third-Party Authorized User and/or its employees on or in connection with the Website, including, but not limited to, any Content or other materials posted by Authorized User on the Website.

LIMITATION OF LIABILITY THE ENTIRE LIABILITY OF THCF, ITS AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESPECT TO YOUR USE OF THE WEBSITE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. THCF, AS WELL AS ITS SERVICE PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THCF AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THCF AND/OR ITS SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Governing Law; Venue

All issues and questions concerning the construction, validity, interpretation and enforceability of the this Agreement, or the rights and obligations of Authorized Users and THCF in connection with the Website, shall be governed by, and construed in accordance with, the laws of the Province of Ontario, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Province of Ontario, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Province of Ontario. Any disputes arising out of this Agreement will be resolved exclusively in the provincial or federal courts located in Toronto, Ontario and each party consents to such exclusive jurisdiction and agrees not to challenge such venue.

Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Construction

Authorized User acknowledges and agrees that this Agreement does not amend any other written agreements Authorized User may have with THCF. In the event of a conflict between the terms of or any obligations of Authorized User under this Agreement and any other written agreements between Authorized User and THCF, the terms of and obligations of Authorized User under the other written agreements with THCF shall prevail.

Modification

THCF may modify any of the terms and conditions of this Agreement at any time, with or without notice. An Authorized User’s continued use of the Website constitutes the Authorized User’s acceptance of any changes to this Agreement. Authorized Users are responsible for remaining knowledgeable as to any changes that THCF may make to this Agreement. The most current version of this Agreement will be available on the Website and will supersede all previous versions. 1

Revocation of Access  

THCF reserves the right to suspend or discontinue an Authorized User’s permission to use the Website in the event (i) the Authorized User fails to comply with the terms and conditions of this Agreement and/or any other written agreement between Authorized User and THCF; and (ii) an Authorized User uses, or is suspected of using the Website in a manner inconsistent with any federal or provincial laws, statutes or ordinances. In addition to discontinuance of an Authorized User’s permission to use the Website, THCF shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

Waiver

Any attempt by the Authorized User to undermine the legitimate operation of the Website may be a violation of criminal and civil law, and, should such an attempt be made, THCF reserves the right to seek damages from any such Authorized User to the fullest extent permitted by law. THCF’s failure to enforce any of these terms and conditions shall not constitute a waiver of that, or any other provision.

Date of last revision: June 25th 2018