Terms and Conditions of Use of Givesome’s Mobile Applications
Acceptance of Terms and Conditions and Changes
Use of a Givesome Management Inc. (“GMI”) mobile application (an “app”) constitutes acceptance of the terms and conditions associated with each app and the terms and conditions set out below (“Terms and Conditions”).
Changes may be made at any time to an app, any text, guidelines, information, pictures, barcodes, videos, data, hyperlinks, displays and other content contained within or associated with an app (the “Content”) and these Terms and Conditions, without prior notice to you. Your continued use of an app shall constitute your acceptance to be bound by these Terms and Conditions and any changes thereto.
GMI may alter, modify, update, suspend, discontinue, eliminate, cancel and/or terminate any aspect of an app, including the availability of any and all of its features, at any time, in its sole discretion. These Terms and Conditions also govern any updates to, or supplements or replacements for, an App, which may also be subject to additional terms that will accompany such updates, supplements or replacements.
GMI is committed to respecting the personal privacy of individuals using our apps. Any personal information (as defined in the Freedom of Information and Protection of Privacy Act (Ontario (“FIPPA”)) collected by GMI is governed by FIPPA. GMI will not distribute, provide or sell personal information voluntarily supplied by our app to any third party, except that GMI reserves the right to disclose such personal information if such disclosure is made pursuant to a legal proceeding or otherwise required by law.
Information collected by GMI is stored in a secure manner. However, you acknowledge that there are security and privacy limitations which are beyond the control of GMI and that the security, integrity and privacy of any and all information and data exchanged between you and GMI through any app cannot be guaranteed.
GMI is designated as an “institution” within the meaning of FIPPA and as a result, all persons may have a legal right of access to information in the custody and/or control of GMI, subject to a limited set of exemptions. Notwithstanding any provision in these Terms and Conditions, you acknowledge and agree that any records or information related to or submitted through an app, or any portion thereof, may be disclosed in accordance with the provisions of FIPPA, based on an access request to GMI, an order of the Information and Privacy Commissioner or as otherwise required under applicable law.
Usage and Security
If you breach any provision of these Terms and Conditions or you engage in any fraudulent, abusive or otherwise illegal activity, GMI may, in our sole discretion, restrict, suspend or terminate your access to an app without notice to you and without liability to you.
GMI does not provide and there are no express or implied warranties or conditions in relation to any app, including implied warranties or conditions of merchantable quality, fitness for a particular purpose, or non-infringement, or that any of the content of or features on an app will meet your needs or will be available for use at any particular time or will be error free.
In connection with your use of each app, you acknowledge and agree that you are strictly prohibited from: (i) committing unauthorized intrusions into any part of the app or related systems which are restricted from general access; (ii) circumventing security provisions in order to improperly access the app; (iii) uploading, posting or transmitting through or on this app any viruses or other harmful, disruptive or destructive files; and (iv); utilizing an app in any other manner so as to interrupt or interfere with the access to and/or usage of an app by another party.
Use of App
All apps and the related Content may be used for lawful purposes only. The Content may not be copied or distributed, or republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of GMI.
All remarks, suggestions, ideas, graphics and other information (other than your personal information) communicated to GMI through an app will forever be the property of GMI unless otherwise noted.
You acknowledge that you are responsible for whatever material you submit to each app, and you, not GMI, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from an app any unlawful, threatening, libelous, defamatory, obscene or other material that would violate any law.
You agree to comply with all applicable laws and regulations (including, without limitation, all Canadian national, provincial, and local laws and regulations) governing the use of an app.
Evidence of the possible use of an app for illegal purposes will be provided to law enforcement authorities.
Disclaimer and Limitation of Liability
WHILE CARE HAS BEEN TAKEN IN THE PREPARATION OF THE APP AND THE CONTENT, THE APP AND THE CONTENT IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO: QUALITY; ACCURACY; COMPLETENESS; LEGALITY; CURRENCY; RELIABILITY; EFFICACY OR FITNESS FOR A PARTICULAR PURPOSE; UNINTERRUPTED ACCESS TO AN APP; ERROR-FREE OPERATION OF AN APP; AND, THE ABSENCE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS OR CORRUPTED DATA OR INFORMATION ON AN APP.
GMI AND ITS CONTENT PROVIDERS SHALL HAVE NO LIABILITY, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, CONTINGENT, SPECIAL OR INCIDENTAL, RELATED TO OR ARISING FROM THE CONTENT, WHETHER BASED ON BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
ANYONE USING AN APP DOES SO AT HIS OR HER OWN RISK, AND BY USING SUCH INFORMATION AGREES TO INDEMNIFY GMI AND ITS CONTENT PROVIDERS FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) ARISING FROM SUCH PERSON’S USE OF AN APP AND THE CONTENT.
GMI WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. GMI WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, AN APP, EVEN IF GMI OR AN AUTHORIZED GMI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Copyright and Trademarks
The app and the Content are protected by Canadian and other national and international copyright, trademark and other laws.
GMI retains all copyright, trademark and all other rights in the Content. No portion of this material may be used or reproduced, other than for personal use, or distributed, transmitted or “mirrored” in any form, or by any means, without the prior written permission of GMI.
Certain names, words, titles, phrases, logos, icons, graphics or designs used in an app may constitute trade names, registered or unregistered trademarks or service marks (“Trademarks”) of GMI or of third parties that are used under license. The display of Trademarks on each app, and those to which it is linked, does not imply the grant of any license to any other party.
Other than as expressly permitted herein or by written agreement of GMI, your use of any of the Trademarks that appear on an app is prohibited. You are advised that GMI will enforce its intellectual property rights to the fullest extent of the law, which may result in civil and/or criminal penalties.
Linked Applications and Web Sites
Each app may contain links to other applications or websites which are not maintained by GMI. Should you leave an app via a link contained herein and view content that is not provided by GMI, you do so at your own risk. Links are provided for convenience only and should not be construed as an endorsement or approval by GMI. GMI shall have no liability for any loss or damage arising from your use of any such linked applications or websites.
GMI may terminate a link at any time.
Governing Law and Jurisdiction
These Terms and Conditions and the use of each app shall be governed by and interpreted in accordance with the laws of the Province of Ontario, and you irrevocably attorn to the non-exclusive jurisdiction of the courts of Ontario.
GMI controls and operates each app from its offices in Guelph, Ontario, Canada. GMI makes no representation that the app and the Content are appropriate or available for use in other jurisdictions. Anyone accessing an app from other jurisdictions assumes sole responsibility for compliance with local laws.
GMI may terminate your use of any app immediately without notice and in its sole judgment and discretion. Upon termination, you must destroy all materials obtained from an app and all related documentation and all copies thereof. You may not access the app after such termination without the written approval of GMI.
GMI’s failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision.
These Terms and Conditions shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.
You shall not assign your rights or obligations hereunder without GMI’s prior written consent.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Use of this app, may be subject to additional terms and conditions of the provider that makes an app available to you.
If you have any issues and/or questions with respect to these Terms and Conditions or any rule, policy, guideline or practice which GMI uses to operate the app, please contact:
Givesome Management Inc.
Attn: Customer Care
265 Hanlon Creek Blvd., Unit #7
N1C 0A1 Canada