TERMS OF USE – TWT Communications Inc.

  1. INTRODUCTION

    1.1 These terms of use (“Terms of Use”) apply to the TWT Communications Inc. website located
    at https://talkwithtina.ca, its linked sites, and any official social media pages and any other
    forms of online presence controlled by us and on all communications between the Company
    and Users, including but not limited to communication via:

    A. the Company website (including the website hosted at http://www.talkwithtina.ca/ and
    any other web domain used by the Company to communicate with users now or in the
    future);
    B. any mobile, computer, or tablet-based application currently offered by Company or
    developed in the future by the Company;
    C. any landline telephone, mobile phone or cellphone; and
    D. all other services provided by the Company, now or hereafter devised, as described on
    the Website or otherwise (the above, including items A to D are collectively referred to
    as the “Website”).

    Please read these Terms of Use carefully before using the Website. These Terms of Use
    constitute a legal agreement between you and TWT Communications Inc., which includes, Talk
    With Tina and TWT Communications (individually and collectively, the “Company”, “we” or
    “us”) which is the owner and operator of the Website. By accessing or using this Website or
    otherwise indicating your consent, you agree to be bound by these Terms of Use and the
    documents referred to in them. If you do not agree with or accept any of these terms, you
    should cease using the Website immediately.

    1.2 Legal Disclosure:

    TWT Communications Inc. provides the communication services of Tina Hardwell through the
    Website, and other communication formats, as applicable. Tina Hardwell is not a health advisor
    or other similar professional; the conversations that she may have with you through TWT
    Communications Inc., the Website, and other communication formats, are for personal and
    private entertainment purposes only. Please consult with a licensed professional as required. If
    you or any other person has a medical concern, you should consult with your health care
    provider or seek other professional medical treatment. If you think you may have a medical
    emergency, call your doctor or emergency services immediately.
    TWT Communications Inc. and/or Tina Hardwell will not be held liable for any losses you may
    incur as a result of your use of the Website. Furthermore, you hereby fully indemnify and
    release TWT Communications Inc. and Tina Hardwell, as further set out in Section 7.
    Termination of Use, below in these Terms of Use.

    1.3 Definitions

    (a) “Content” means any text, images, video, audio or other multimedia content, document,
    data, software or other information, oral or written communication, or material submitted to,
    subsisting on or accessible from the Website.
    (b) “we”, “us”, “our”, “Talk With Tina” or “TWT Communications” means TWT Communications
    Inc., and our provision of communication services by Tina Hardwell (e.g., voice and/or video
    chat).
    (c) “you” or “your” means the person accessing or using the Website or its Content.

    1.4 Privacy Policy. Where applicable, these Terms of Use incorporate by reference our Privacy
    Policy, available here, which shall be subject to these Terms of Use in the event of any conflict
    or inconsistency. By accepting these Terms of Use, you understand and agree that we may
    collect, use and disclose your personal information in accordance with our Privacy Policy, which
    is incorporated by reference into these Terms of Use.

    1.5 Legal Age. By using the Website, you represent that you are of legal age (i.e., age of
    majority; not a minor) to enter into these Terms of Use, and if you are not, that you have
    obtained parental or guardian consent to enter into these Terms of Use.

  2. USE OF WEBSITE

    2.1 Except as otherwise indicated elsewhere on this Website, this Website is for your personal,
    private, entertainment and non-commercial use only. You are advised to use at your own risk.
    As a condition of your use of the Website, you agree:

    a) not to use the Website for any purpose that is unlawful under applicable law, rules and
    regulations or prohibited by these Terms of Use;
    b) not to defame, libel, slander, ordisparage anybody or make comments of an obscene,
    derogatory or offensive manner or otherwise use the Website or its Content in a way that
    brings us or any third party into disrepute or causes us to be liable to any third party;
    c) not to reverse engineer, decompile, copy, modify, alter distribute, transmit, license,
    sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party
    or otherwise publish, deep-link, create derivative works from or exploit in any way the Website
    or its content except as permitted by Company under these Terms of Use or as expressly
    provided under applicable law;
    d) not to use the Website to harvest or otherwise systematically collect by any means any
    information whatsoever (including without limitation email addresses, or other personal
    information of other users), and not to make any submission which solicits confidential or
    personal information from other users;
    e) not to modify, circumvent or delete any intellectual property notices contained on the Website and in particular in any digital rights or other security technology embedded or contained within any Website Content;

    f) not to: (i) transmit or otherwise make available in connection with the Website any virus,
    worm, Trojan Horse, web bug, spyware, or any other computer code, file, or program that may
    or is intended to damage or hijack the operation of any hardware, software, or
    telecommunications equipment, or any other actually or potentially harmful, disruptive, or
    invasive code or component; (ii) interfere with or disrupt the operation of the Website or the
    servers or networks that host the Website; (iii) frame or mirror any part of the Website without
    prior express written authorization; (iv) restrict or inhibit any other person from using the
    Website, including by means of hacking or defacing any portion of the Website; and/or (v) use
    any robot, spider, site search or retrieval application, or other manual or automatic device or
    process to retrieve, index, data-mine, or in any way determine, archive, reproduce, or
    circumvent the navigational structure or presentation of the Website.
    g) not to sell, license or exploit for any commercial purposes any use of or access to the
    Website;
    h) not to represent or suggest that we endorse any business, product or service unless we have
    separately agreed to do so in writing; and
    i) that you are solely responsible for all costs and expenses you may incur in relation to your use
    of the Website.

    2.2 We reserve the right to prevent or suspend your access to the Website if you do not comply
    with any part of these Terms of Use or any applicable law.

    2.3 We reserve the right to immediately terminate any and all communications with you at
    our sole and absolute discretion if you communicate with us in a manner contrary to these
    Terms of Use, and as further set out in Section 7. Termination of Use, below. You
    acknowledge that in such event we shall be exclusively and irrevocably entitled to retain any
    payment made by you to us without further obligation to you and such payment will be
    immediately forfeited by you and not refunded to you.

  3. OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

    3.1 No Grant. This Website and all intellectual property rights in the Website (including without
    limitation any Content presented to you on or through the Website) are exclusively owned by
    Company and/or its licensors. Company and its licensors reserve all our intellectual property
    rights (which include without limitation all copyright, trademarks, domain names, design rights,
    information materials, business practices and methods, promotional materials and lists,
    database rights, patents and all other intellectual property rights of any kind) whether
    registered or unregistered anywhere and everywhere in the world.

    3.2 Access Right. Nothing in these Terms of Use grants you any rights in the Website other than
    as necessary to enable you to access the Website. Company grants you a non-exclusive, non-
    transferable, limited right to access and view Content that we make accessible on this Website,
    for your personal, private, entertainment, non-commercial use, provided you do not copy,
    download, distribute, modify or delete in whole or in part, any copyright, trademark or other
    proprietary notices that appear in the Content.

    3.3 Audio and Video. The audio and video Content contained on this Website are protected
    under various laws. Such Content is made available for access on this Website for non-
    commercial personal purposes only. Any reproduction, publication, further distribution or
    public exhibition of any of such Content, in whole or in part, is prohibited without prior written
    consent from us.

    3.4 Trademarks. The names, words, titles, phrases, logos, designs, graphics, icons and
    trademarks displayed on the Website are trademarks of Company or third parties. While certain
    third-party trademarks may be used by Company under written license, the display of such
    trademarks on the Website does not imply any relationship or license between Company and
    the owner of the trademark, nor does it imply that Company either recommends or endorses
    the products, services or business processes of the said trade-mark’s owner. Other trademarks
    and trade names may also be used on this Website. The use or misuse of any trademarks or any
    other Content on the Website, except as provided in these Terms of Use, is strictly prohibited.
    Nothing contained on the Website shall be construed as granting, by implication, waiver,
    estoppel or otherwise, any license or right to use any trademark without our prior written
    permission or such third party that may own the trademarks displayed on the Website. Your
    misuse of the trademarks displayed on the Website, or any other content on the Website,
    except as provided in these Terms of Use, is strictly prohibited.

    3.5 Copyright. Except as otherwise specified, the Content contained on this Website is
    copyrighted © TWT COMMUNICATIONS INC. 2022 All rights reserved. Except as specifically
    permitted in these Terms of Use, no portion of this Website may be reproduced or distributed
    in any form or by any means without the prior written permission of Company. Company
    neither warrants nor represents that your use of materials displayed on the Website will not
    infringe the rights of third parties who are not owned by or affiliated with Company.

    3.6 General. Any unauthorized use of any Content contained on this website may violate
    copyright laws, trademark laws, the laws of privacy and publicity, and communications
    regulations and statutes. Except as expressly authorized in these Terms of Use or in advance by
    us, you agree not to use, reproduce, distribute, translate, make available, publish, communicate
    to the public by telecommunication, modify, rent, lease, loan, sell, or create derivative works
    based (whether in whole or in part) on, any materials that are made available on or through the
    Website. The Content is protected by law, including, but not limited to, Canadian copyright law
    and international treaties, trademarks, trade dress and/or other proprietary rights. The Content

    is for personal and private entertainment purposes only, and should not be relied upon as
    accurate, timely or fit for any particular purpose.

  4. LINKED SITES LINKS

    4.1 Links to other websites. Any links provided on this Website to third party websites are
    provided solely for your convenience. When you access a third-party website through this
    Website, you do so at your own risk. The operation and content of such third-party websites is
    beyond our control. We do not endorse in any manner whatsoever or accept any responsibility
    for the content or other material that may be contained on such websites, the use of such
    websites, or any products or services advertised on or sold through any such website.
    4.2 Links from other websites. Other websites may provide links to the Website with or without
    our authorization. We may have no control over the websites that provide links to the Website,
    and you acknowledge and agree that we may not endorse such websites and are not
    responsible for any links from those websites to the Website, for any content, advertising,
    products, or other materials available on or through such other websites, or for any loss or
    damages caused by using or relying on any such materials.
    4.3 You acknowledge and agree that we shall not be responsible or liable, directly or indirectly,
    for any liability, action, cause of action, damage or loss caused or alleged to have been caused
    by or in connection with the use of or inability to use: (a) any websites or resources to which we
    provide links, or that provide links to the Website; or (b) any content, goods, or services
    available on or through any such websites or resources. We shall have the right, but not the
    obligation, at any time and in our sole discretion to block links to the Website through
    technological or other means, without prior notice. If you have any concerns regarding any
    outside website linked to

  5. WARRANTIES AND LIMITATION OF LIABILITY

    5.1 You understand and agree that the Website, any content on the Website, and any services
    or items found or attained through the Website are provided on an “as is” and “as available”
    basis, without any warranties or conditions of any kind, either express or implied, including
    without limitation the implied warranties and conditions of merchantability, fitness for
    particular purpose, or non-infringement.
    5.2 Except as otherwise expressly required by applicable law, Company makes no
    representations, warranties, conditions, or other terms (whether express or implied) in relation
    to the provision of the Website or any content on the Website, including without limitation as
    to completeness, security, reliability, suitability, accuracy, availability, or currency of the
    Website or any content on the Website, that the Website or any content on the Website will be
    free from bugs, errors, or omission, or as to the satisfactory quality or fitness of the Website or
    any content on the Website for a particular purpose. Company assumes no obligation to update

    the Website or any content on the Website. The Website or any content on the Website may
    be changed without notice to You.
    5.3 To the maximum extent permitted by applicable law, we exclude all liability (whether
    arising in contract, tort, breach of statutory duty, or otherwise), which we may otherwise have
    to you as a result of any error or inaccuracies in the Website or any Content on the Website,
    the unavailability of the Website for any reason, or any representation or statement made on
    or through the Website or any content on the Website.
    5.4 We are not responsible for any content on the Website, including User Generated Content,
    that You may find undesirable or objectionable.
    5.5 EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES,
    AGENTS, LICENSORS, SUPPLIERS, OR OUR OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
    EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS,
    OR SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY SPECIAL,
    INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, OR
    CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO
    DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST
    DATA, OR LOST SAVINGS, EVEN IF COMPANY OR ANY OF OUR LAWFUL AGENTS OR EMPLOYEES
    HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM
    YOUR USE OF OR INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF OR
    THROUGH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING WITHOUT
    LIMITATION: (A) ANY CHANGES COMPANY MAY MAKE TO THE WEBSITE OR TO ANY CONTENT
    ON THE WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF
    THE WEBSITE OR ANY CONTENT ON THE WEBSITE; (B) THE DELETION OF, CORRUPTION OF, OR
    FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, SUBMISSIONS, OR OTHER COMMUNICATIONS
    OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY CONTENT ON
    THE WEBSITE, INCLUDING SUBMISSIONS; (C) YOUR FAILURE TO PROVIDE COMPANY WITH
    ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS
    SECURE AND CONFIDENTIAL, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, IF
    COMPANY IS FOUND TO BE LIABLE FOR ANY REASON, COMPANY’S TOTAL AND CUMULATIVE
    LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (I) THE TOTAL FEES
    SUCH PARTY MADE TO COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO
    THE LIABILITY; AND (II) $150 CAD.
    5.6 We cannot and do not guarantee or warrant that files or data available for downloading on,
    through, or as a result of the Website, if any, will be free of viruses or other destructive code.
    You are solely and entirely responsible for Your use of the Website and Your computer,
    Internet, and data security. To the fullest extent provided by law, we will not be liable for any
    loss or damage caused by denial-of-service attack, distributed denial-of-service attack,
    overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or
    other technologically harmful materials that may infect Your computer equipment, computer

    programs, data, or other proprietary material due to Your use of the Website or any services or
    items found or attained on, through, or as a result of the Website or to Your downloading of
    any material posted on or through the Website, or on any website linked to the Website.

  6. INDEMNIFICATION AND LIMITED WARRANTY

    6.1 You agree to defend, indemnify and hold harmless each Company, our agents, affiliates,
    partners, and our and their respective directors, officers, employees, agents, service providers,
    contractors, licensors, suppliers, successors, and assigns from and against any and all claims,
    actions or demands, including, without limitation, reasonable legal and accounting fees,
    resulting from or related to: (a) your breach of any of these Terms of Use; (b) your access to or
    use of the Website or its Content; or (c) your use or reliance on, or publication, communication
    or distribution of anything on or from the Website. You shall use your best efforts to cooperate
    with us in the defense of any claim at your sole expense. We reserve the right, at our own
    expense, to assume the exclusive defense and control of any matter otherwise subject to
    indemnification by you.
    6.2 You expressly acknowledge that we have entered into these Terms of Use and have and will
    make the Website and Content available to you in reliance upon the limitations and exclusions
    of liability and the disclaimers set forth herein and that the same form an essential basis of the
    bargain between you and us. You expressly agree that the limitations and exclusions of liability
    and the disclaimers set forth herein will survive and continue to apply in the case of, a
    fundamental breach or breaches, the failure of essential purpose of contract, the failure of any
    exclusive remedy or termination of these Terms of Use.
    6.3 We make no representation or warranty that the Website or its Content are appropriate or
    available for use at any locations outside Canada. If you access this Website from outside
    Canada, you are responsible for compliance with all applicable laws.

  7. TERMINATION OF USE

    7.1 Without limiting Company’s other remedies, you agree that we, in our sole discretion, and
    to the fullest extent not prohibited under applicable law, may terminate or restrict your use
    of the Website or any part thereof, or any communication with us, at any time and for any
    reason or no reason, including, without limitation, if we believe that you have violated or
    acted inconsistently with these Terms of Use, or have used derogatory, discriminatory,
    profane or abusive language in your communications with us. You agree that any termination
    or restriction of your access to the Website under any provision of these Terms of Use may be
    affected without prior notice. Upon termination of these Terms of Use, your right to use the
    Website will immediately cease. To the fullest extent not prohibited under applicable law, we
    shall not be liable to you or any third party for any termination or restriction of your access to
    the Website or any part thereof.

  8. RESCHEDULING / CANCELLATION / REFUND

    8.1 Company will use reasonable efforts to accommodate rescheduling of a previously booked
    appointment provided a minimum of 24 hours written notice is delivered to Company at
    talkwithtinainfo@gmail.com and Company has confirmed such rescheduling request by email
    reply, but only once in any 12-month period. If you miss your appointment without
    rescheduling, or if you miss a rescheduled appointment, you will be charged for the
    appointment.
    8.2 If Company needs to cancel a previously booked appointment with you, for any reason or
    for no reason, at any time prior to the start of such appointment, you will have the option to
    receive a refund or the opportunity to reschedule your appointment.
    8.3 If it is inevitable that you are unable to reschedule your appointment, Company may, in its
    sole discretion, refund part or all of your appointment fee.

  9. ACCURACY OF INFORMATION AND AVAILABILITY OF THE WEBSITE

    9.1 While we use reasonable efforts to include accurate and up-to-date information on the
    website, we do not represent, warrant or promise (whether expressly or by implication) that
    any Content is or remains available, accurate, complete and up to date, free from bugs, errors
    or omissions or fit or suitable for any purpose. Any reliance you may place on the information
    on this Website is at your own risk. Nothing in these Terms of Use shall operate to prejudice
    any mandatory statutory requirement or your statutory rights. Content on the Website is
    provided for personal and private entertainment purposes only and to inform you about us and
    our products and news, features, services and other websites, which may be of interest. It does
    not constitute health, technical, financial or legal advice or any other type of advice and should
    not be relied on for any such purpose or purposes.
    9.2 While we make commercially reasonable efforts to ensure that the Website is available, we
    do not represent, warrant or guarantee in any way the Website’s continued availability at all
    times or uninterrupted use by you of the Website. If you are dissatisfied with the Website or
    any of the Content or with any terms, conditions, rules, policies, guidelines, or practices in
    operating the Website, your sole and exclusive remedy is to discontinue using the Website.

  10. MISCELLANEOUS TERMS

    10.1 Effective Date. These Terms of Use are dated November 15, 2022. No changes to these
    Terms of Use are valid or have any effect unless agreed by us in writing. We reserve the right to
    vary these Terms of Use from time to time in our sole and absolute discretion. Our new Terms
    of Use will be displayed on the Website and by continuing to use and access the Website
    following such changes, you agree to be bound by any variation made by us. It is your
    responsibility to check these Terms of Use from time to time to verify such variations.
    10.2 Entire Agreement and Severability of Provisions. These Terms of Use, the Privacy Policy
    and any applicable Additional Terms constitute the entire agreement with respect to access to
    and use of this Website and supersede and replace any representation, statement or other

    communication (whether written or otherwise) made by you or us which is not contained
    herein. If any provision of these Terms of Use is unlawful, void or unenforceable, then that
    provision shall be deemed severable from the remaining provisions and shall not affect the
    validity and enforceability of any remaining provisions.
    10.3 Governing Law. These Terms of Use of use are governed by and construed in accordance
    with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be
    treated in all respects as an Ontario contract, without regard to principles of conflicts of law
    that would impose a law of another jurisdiction. For the purpose of all legal proceedings
    relating to these terms and your use of this Website, the courts of the Province of Ontario shall
    have jurisdiction to decide any action. The parties agree to attorn and submit to the exclusive
    jurisdiction of the Courts of the Province of Ontario.
    10.4 Miscellaneous. These Terms of Use do not and shall not be construed to create any
    partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship
    between the parties hereto. You may not assign, sublicense, or otherwise transfer any or all of
    your rights or obligations under these Terms of Use without our prior express written consent.
    10.5 Waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege
    arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single
    or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or
    further exercise thereof or the exercise of any other right, remedy, power, or privilege. Any
    heading, caption, or section title contained herein is inserted only as a matter of convenience,
    and in no way defines or explains any section or provision hereof.
    10.6 Severability. Any term of these Terms of Use that is prohibited or unenforceable in any
    jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or
    unenforceability and shall be severed from the balance of these Terms of Use, all without
    affecting the remaining terms of these Terms of Use or affecting the validity or enforceability of
    such terms in any other jurisdiction. Nothing in these Terms of Use shall operate to prejudice
    any mandatory statutory requirement or your statutory rights.
    10.7 Entire Agreement. These Terms of Use together with the Privacy Policy and other
    documents referred to herein contain the entire understanding and agreement between Us in
    relation to Your use of the Website and supersede and replace all prior and contemporaneous
    understandings, agreements, representation, statement, or other communication made by you
    or Company, whether written or oral, that is not contained herein.
    10.8 Notices. The Website is operated by TWT Communications Inc. You consent to the
    exchange of information, communications and documents between Us electronically over the
    Internet or by e-mail. If You have an account profile with Company or have purchased a product
    or service from Company, we will send You information and documents to the e-mail address in
    Your account profile on the Website or provided in the course of purchasing such product or

    service. You will send information and documents to us by email
    to talkwithtinainfo@gmail.com Every notice that You are required or permitted to provide
    under these Terms of Use to Company shall be in writing and provided
    to talkwithtinainfo@gmail.com. All notices from Company to you will be displayed on the
    Website from time to time.
    10.9 Force Majeure. Company shall have no liability to You for any breach of these Terms of
    Use caused by any event or circumstances beyond our reasonable control including without
    limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network
    access, disease, flood, fire, explosion, or accident.
    10.10 Assignment. You may not assign, sublicense, or otherwise transfer any of Your rights and
    obligations in these Terms of Use to any other person.

     

  11. DISPUTE RESOLUTION

    11.1 This section applies to all consumers and people who accepted the terms of this
    agreement. This clause applies only to persons residing outside Quebec, Ontario, or
    Saskatchewan. Subject to applicable law, any dispute, whether in court or otherwise, will be
    conducted solely on an individual basis. You agree that you shall not have the right or authority
    for any dispute to be brought as a class action, or to participate in any class action or other
    proceeding in which any person acts or proposes to act in a representative capacity. Most of
    your concerns can be resolved quickly and satisfactorily by sending an email
    to talkwithtinainfo@gmail.com. If Company cannot resolve your concern, you and Company
    agree to be bound by the procedure set forth in this Section to resolve any and all disputes
    between us.
    11.2 Claims Covered by this section. All disputes, claims or controversies arising out of or
    relating to this Agreement, by using the Website and/or the Content, or the relationship
    between you and Company, including the validity, enforceability, and scope of this section
    (“Dispute Resolution"), shall be determined exclusively by the procedure outlined in this
    Section. This includes claims that have or may have accrued before you entered into this
    Agreement. The only Disputes not covered by this Section are claims (i) regarding the
    infringement, protection or validity of your or Company's or Company's licensors' trade secrets,
    copyright, trademark or patent rights; and (ii) brought in small claims court.
    11.3 Informal Negotiations. You and Company shall first attempt to resolve any Dispute
    informally for at least 30 days before initiating mediation. The informal negotiations begin upon
    receipt of written notice from one party to the other ("Notice of Dispute"). The Notice of
    Dispute must: (a) include the full name and contact information of the complaining party; (b)
    describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought.
    Company will send its Notice of Dispute to your billing or email address. You will send your
    Notice of Dispute to: talkwithtinainfo@gmail.com, ATTENTION: Legal Department.

    11.4 Within fourteen (14) days after delivery of the notice, you and a representative from
    Company who has full authority to settle the dispute, shall meet at mutually acceptable times
    as often as reasonably necessary to make efforts in good faith to resolve the dispute by
    amicable negotiations within a further thirty (30) day period. The meetings shall be virtual
    unless both parties mutually agree to meet in person at a mutually acceptable location. The
    negotiations shall be construed as settlement discussions and shall be confidential and
    conducted on a “without prejudice” basis.
    11.5 Mediation. If informal negotiations fail to resolve the dispute, you and Company shall
    jointly select a mediator who shall mediate the dispute for a further thirty (30) day period. The
    costs of the mediator shall be shared equally by the parties. If you and Company cannot
    mutually agree on a mediator within twenty (20) days, or there is no resolution of the dispute
    within sixty (60) days of selection of a mediator, the parties will proceed to binding arbitration
    as follows, and the dispute will be resolved accordingly.
    11.6 Binding Arbitration. If you and Company cannot resolve a Dispute informally or with
    mediation, you or Company may elect to have the Dispute finally and exclusively resolved by
    binding arbitration. Any election to arbitrate by one party shall be final and binding on the
    other. Arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by
    agreement between the parties, or, in default of agreement, such arbitrator shall be appointed
    by the mediator jointly selected by the Parties, or alternately, if Company so elects, by an
    Ontario Judge of the Ontario Superior Court. The arbitration shall be held in the Province of
    Ontario, Canada. The procedure to be followed shall be agreed to by the Parties or, in default of
    such agreement, determined by the arbitrator. The arbitration will proceed in accordance with
    the provisions of Arbitration Act, 1991, S.O. 1991, c. 17 (Ontario). The arbitrator shall have the
    power to proceed with the arbitration and to deliver his or her decision notwithstanding the
    default by any party in respect of any procedural order made by the arbitrator. The decision
    arrived at by the arbitrator will be final and binding and is not appealable to a court of law.
    Judgment upon the award rendered by the arbitrator may be entered in any court having
    jurisdiction. Nothing in this section will prevent either party from seeking injunctive relief from
    a court of competent jurisdiction. The costs of the arbitrator shall be paid for and divided
    equally between the Parties.

  12.  CONTACT

    If you have any questions about this Website or the Terms of Use, please email us at:
    talkwithtinainfo@gmail.com