VISITOR QUEUE INC. TERMS & CONDITIONS

Thank you for visiting our website.
Please review the Terms and Conditions.

Visitor Queue Inc. (referred to as “Visitor Queue,” “we,” “us,” or “our”) identifies the name, contact details and user data of the businesses that visit your website.

We have written these terms & conditions (“Terms”) to govern our relationship between you, the users of our website (https://www.visitorqueue.com/ and https://rise.visitorqueue.com) and us. Please read these Terms carefully as they govern the relationship between you and us.

Importantly, by using our services through our website at https://www.visitorqueue.com/ (the “Site”) (collectively, the “Services”), you agree to be bound by these Terms. If you do not agree with these Terms, please stop using our Services immediately. If you breach any of these Terms, we reserve the right to halt your use of the Services immediately.

Your use is also subject to our Privacy Notice, our Community Rules, and any other agreements you and we agree to when we provide you our Services.

Can you use our Services?

In order to use the Site and our Services, you represent and warrant that:

• you are at least 16 years of age and can form a binding contract with Visitor Queue;
• you will comply will all applicable laws and these Terms;
• you are not barred from using the Service in any applicable jurisdiction (for example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals);

Our Content

All text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property, along with the design and arrangement of such Content, appearing on our Services is owned by, controlled by, or licensed to us and is protected by intellectual property law. All rights, title, and interest in and to Our Content remains with us. We reserve any rights not explicitly given to you.

In the event you send us unsolicited ideas, you agree to automatically forfeit your right to any intellectual property rights in those ideas and give us intellectual property over those ideas.

The Services and Our Content is our and our licensors’ property. We grant you a personal, non-exclusive, non-sublicensable, non-transferable, limited, and revocable privilege to use our site on these nine conditions:

1. You will not use our Services for any purpose that is illegal or prohibited by these Terms;

2. You will not modify, resell, sublicense, or create any derivative product or service based on our Services;

3. You will not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from any component that forms part of our Services;

4. You will not take any action that interferes or disrupts our Services;

5. You will not (a) use any high volume, automated, or electronic means to use our Services (including, without limitation, robots, spiders or scripts); or (b) frame our Services, place pop-up windows over our Site’s or Services’ pages, or otherwise affect the display of their pages;

6. You will provide us with true, accurate, complete, and current information;

7. You will comply with all laws, rules, and regulations that apply to your use of our Site, and you may use our Services;

8. You will solely use our Services for the purposes we intended them to be used; and,

9. You will comply with these Terms, our Community Rules, and any other Rules shared by us to you.

10. You will upon notice or once you have deactivated your account with Visitor Queue, delete any Visitor Queue data, even if you have copied it outside of the Visitor Queue system (for example, via an API, Export, integration with CRM etc.)

Purchases from our Site

Beyond our free trial and Lite Plan, use of our services require payment.

You may make the payment through our third-party processor—Stripe, which is an online payment processing company. Once you have made the purchase, you agree that we will charge you through Stripe. If payment is not received by us, you will promptly pay all amounts due upon demand by us.

(a) Automatically Renewing Subscriptions

All plans renew automatically monthly or annually (depending on your plan) on the anniversary of you upgrading. You can cancel at anytime. No refunds are provided for automatic renewals and all invoices are considered due. (“Subscription Period”).

We will send you notice if we change the pricing to our Services to give you an opportunity to cancel. If we change these prices and you do not cancel your subscription, you agree that you will be charged at the new prices for the Services.

(b) Cancelling Subscriptions

You may cancel your subscription to our Services by deactivating your account from your administration section on page www.visitorqueue.com/account. You can click the “Deactivate Account” button on page www.visitorqueue.com/account and then confirm your deactivation.

(C) Refunds

All purchases are non-refundable, and accordingly there will be no refunds or credits.

If you’re a member residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, you may cancel our Services without penalty at any time before midnight of the third business day after the date you subscribed. If you die before the end of your subscription period, your estate will be entitled to a refund of that portion of any payment you had made for your subscription that is allocable to the period after your death. If you become disabled in a way where you’re unable to use our Services before the end of your subscription period, you will be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing us notice in the same manner as you request a refund as described below.

In the event you are eligible for a refund, please email us at team@visitorqueue.com with your order number, which can be found in the order confirmation email. You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address associated with your account along with your order number.

(d) Taxes

None of the prices indicated for our paid features include any sales tax that may be due at the point of purchase.

If we have a legal obligation to collect sales tax in connection with a purchase, we will collect it at the time you purchase the paid features. In the event we are unable to collect such tax, you’re responsible for paying such tax and remitting it to the applicable tax authority.

DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

(a) NO WARRANTIES

The Site and all information, content, materials and services related to the foregoing are provided “as is.” To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration and accuracy of data.

We do not warrant that your use of the Site will be uninterrupted, error-free or virus free. The submission of any personal content and the download or upload of any material through our Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such material or from reliance upon the Site, and you are advised to maintain offline backup copies of all information submitted by you.

We are not the provider of, and make no warranties with respect to, any third-party offerings. We do not guarantee the security of any information transmitted to or from the site; and you agree to assume the security risk for any information you provide using the Site.

No representation or warranty is made that the Site provides comprehensive or accurate information. We reserve the right to add, modify or remove content, media, information or any other material from the Site.

(b) LIMITATION PERIOD

You agree that any claim or cause of action related to the Site or these Terms must be filed within 1 year after such claim or cause of action arose or be forever barred.

(c) LIMITATIONS OF LIABILITY

Use of our Site and services is at your own risk. In no event will we, or any third party, be liable for any indirect, incidental, consequential or special damages in connection with these terms, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible.

In no event will our aggregate liability to you for any and all claims arising in connection with these terms exceed $100.00 CDN. You acknowledge that this limitation of liability is an essential term between you and us relating to the provision of the site, and the service, and we would not provide the Site to you without this limitation.

(d) INDEMNIFICATION

You agree to indemnify, hold harmless and, at our option, defend us (including our affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages, liabilities, and expenses, including reasonable attorneys’ fees, resulting from any violation of these terms.

Miscellaneous Matters

(a) Intellectual Property Disclaimer

As noted above, you are prohibited from using our intellectual property, which includes (but is not limited to) our list of trademarks, service marks, and copyrights:

All rights reserved. No part of the Site or the Content may be reproduced, modified, distributed, sold, published, broadcast, retransmitted or circulated in any form without the prior written consent of Visitor Queue (to request such consent, please email team@visitorqueue.com. All copies must include this copyright notice.

All other trademarks not owned or licensed by us that appear on this Site are the property of their respective owners.

If we grant you authorization to use any of our copyrights, trademarks, or other intellectual property (such as those listed above), you must include any appropriate symbols that accompany the intellectual property. For example, if we permitted you to use one of our trademarks in Canada or the United States, include the appropriate ™ or ® symbol beside the trademark. If the trademark is being used outside the United States, you may use just the ™ symbol.

In consideration for the rights granted under the terms of the Agreement, you grant us the limited right to publish your logo on our promotional materials, and to reference you as a customer of Visitor Queue.

(b) Privacy

In the course of using our Services, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Notice, which can be found here Privacy Notice, which forms an integral part of these Terms.

By using our Services, you are accepting the terms and conditions of our Privacy Notice, as may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Notice, you must discontinue use of the Site and Services.

(c) Making a Claim of Copyright Infringement

If you believe your copyright has been violated by us or someone else in a way that is accessible on our Services, please contact us by email at team@visitorqueue.com.

(d) Termination and Survival

We reserve the right to terminate these Terms and your use of our Services at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. All provisions under these Terms that by their nature should survive will survive termination of these Terms.

(e) Modifications to Terms

Please note that we may update these Terms at any time, and you should check these Terms regularly for updates.

(f) Waiver, Severability, and Entire Agreement

Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.

If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, to the fullest extent permitted by law, and the other provisions of these Terms will remain in full force and effect.

These Terms constitute the entire agreement between you and us with regard to the matters described above.

(g) Governing Law and Personal Jurisdiction

These Terms and Conditions will be interpreted, construed, and governed by the laws in force in the Province of Ontario, Canada excluding its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

By using the Site or Service, you agree to submit to the jurisdiction of the courts of London, Ontario, Canada.

(h) Void where Prohibited

This Site is controlled, operated and administered by us from our offices within Canada. We make no representation or warranty that our Site or Services is appropriate or available for use at any locations outside Canada or the U.S.A. If you use our Site or Services from outside Canada and the U.S.A., you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through this Site in violation of applicable export laws and regulations.

(i) More information

For more information about the terms and conditions of use, or to request permission to reproduce or distribute material on this Site, please contact us at team@visitorqueue.com.

(j) Machine generated content

Some of the features our platform makes available uses machine learning algorithms and artificial intelligence to generate content. It is important to note that while we employ rigorous quality control measures, the nature of machine-generated content means that it may not always be error-free or reflect the preferences or perspectives of individual users. We endeavour to continuously improve the accuracy and relevance of our machine-generated content and welcome user feedback to enhance our systems. By using our platform, you acknowledge and accept that certain content may be generated by machines, and we disclaim any liability or responsibility for any inaccuracies, omissions, or unintended consequences arising from the use of such content.

(k) Cookie Consent

To ensure compliance with data privacy regulations, you must obtain explicit consent from users for any cookies added by the Visitor Queue tracking script. Without consent, adding Visitor Queue cookies to user terminals is prohibited. Moreover, when requested, you must promptly provide proof of consent for Visitor Queue cookies within 72 hours.

Last Updated: December 7th, 2023