Last Updated: 7/29/2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SOFTWARE APPLICATION.
1) BINDING AGREEMENT
The following terms and conditions (the “Terms and Conditions”) govern and apply to your use of or reliance upon this mobile application (the “Application”) maintained by iConnect Social Inc. (and also referred to as “us”, “we”, or “our”, as the context may require). Your access or use of the Application indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. If you do not want to be bound by these Terms and Conditions do not access and/or use the Application.
2) CHANGES
Changes may be made at any time to these Terms and Conditions, the Application, any text, guidelines, information, pictures, QR barcodes and other barcodes, videos, audio recordings, data, hyperlinks, displays and other content contained within, displayed by, generated by or associated with the Application (the “Content”), without prior notice to you, effective upon its posting to the Application. Your continued use of the Application constitutes your acceptance to be bound by these Terms and Conditions and any changes thereto.
iConnect Social Inc. may alter, modify, update, suspend, discontinue, eliminate, cancel and/or terminate any aspect of the Application, including the availability of any and all of its features, at any time, in its sole discretion and without notice.
iConnect Social Inc. may also alter, modify, update, remove, delete, annotate or editorialize any Content at any time, in its sole discretion and without notice. These Terms and Conditions also govern any updates to, or supplements or replacements for, the Application, which may also be subject to additional terms that will accompany such updates, supplements or replacements.
3) ACCESS AND USE OF THE APPLICATION
Access to and use of the Application is limited to individuals who have reached the age of majority in the jurisdiction in which they reside and who otherwise have the capacity to enter into binding agreements. Access to and use of the Application is prohibited in those jurisdictions where the foregoing is contrary to applicable laws.
Subject to your continued compliance with these Terms and Conditions, iConnect Social Inc. hereby grants you permission to access and use the Application and hereby grants you a license to use the Content for your personal use. Any commercial use of the Application or Content is strictly prohibited. Without limitation to the foregoing, the Content may not be copied, compiled, harvested, distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of iConnect Social Inc.
4) INTELLECTUAL PROPERTY
All intellectual property on the Application (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by iConnect Social Inc. All content on the Application (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
5) USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Application including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Application or services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Application and the services offered on the Application. Nothing in these Terms of Use may be interpreted as granting any license of intellectual property rights to you.
6) USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, mobile application links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Application users post or otherwise make available on or through the Application, except to the extent the content is owned by us.
7) ACCOUNT AND ACCOUNT USE
Your use of the Application requires an account identifying you as a user of the Application (an “Account”). You hereby acknowledge and agree to the following:
a) You are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) You agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account; and
c) You agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
8) PAYMENT
When you make a purchase on the Application, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. We may cancel any transaction if we believe the transaction violates these Terms and Conditions, or if we believe doing so may prevent financial loss. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
Payment for any on-going services is billed automatically until notification that you would like to terminate your access to the services.
9) ACCEPTABLE USE
You agree not to use the Application for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Application in any way that could damage the Application, the services or the general business of iConnect Social Inc. You further agree not to use and/or access the Application:
a) to harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) to post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, personality rights, or rights of publicity or privacy;
c) to use, display, or recreate the Application or any individual element within the Application, iConnect Social Inc.’s name, any iConnect Social Inc. trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without iConnect Social Inc.’s express written consent;
d) to extract, scrape, index, copy, or mirror the Application, the Content, or portions thereof;
e) to violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
f) to transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
g) to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
h) to attempt to probe, scan, or test the vulnerability of any iConnect Social Inc. system or network or breach any security or authentication measures;
i) to avoid, bypass, remove, deactivate, disable, impair, descramble, decrypt or otherwise circumvent any technological measure implemented by iConnect Social Inc. or any of iConnect Social Inc.’s providers or any other third party (including another user) to protect the Content or to ensure the proper operation of the features and functionality of the Application;
j) to impersonate or misrepresent your affiliation with another person or entity;
k) to perpetrate any fraud;
l) to engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
m) to submit fake, falsified, misleading, or inappropriate data or information;
n) to publish or distribute any obscene or defamatory material;
o) to publish or distribute any material that incites violence, hate or discrimination towards any group;
p) to unlawfully gather information about others;
q) to use the Application for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms and Conditions;
r) to use the Application in bad faith or for any improper motive;
s) to violate any applicable law or regulation; or
t) to encourage, assist or enable any other individual to do any of the foregoing.
10) PRIVACY INFORMATION
Through your use of the Application, you may provide us with certain information. By using the Application, you authorize us to use your information in Canada and any other country where We may operate. When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Application, we may also receive information from external applications you use to access our Application, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others. We use the information gathered from you to ensure your continued good experience on our mobile application, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers. If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address. If you choose to terminate your account, we will store information about you for the following period of time: Indefinitely. After that time, all information about you will be deleted.
11) PERSONAL INFORMATION
Your use of the Application necessarily entails collection of personal information about you and use and disclosure of such personal information. By using the Application, you acknowledge and confirm that you have read iConnect Social Inc.’s privacy policy and that you provide your consent in regard to any and all activities, tasks, practices and undertakings discussed in such privacy policy relating to the collection, use, disclosure, storage, communication, transmission, modification, retention and destruction of your personal information. Please ensure that you have read and understand our privacy policy. Without limitation to the generality of the foregoing, your access and use of the Application constitutes your consent to all actions we take with respect to personal information collected or otherwise obtained in conjunction with the foregoing to the extent consistent with iConnect Social Inc.’s privacy policy.
12) SALE OF GOODS/SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Application. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
13) REVERSE ENGINEERING
You may not undertake any of the following actions:
a) reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Application; or
b) violate the security of the Application through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
14) SECURITY
Information collected by iConnect Social Inc. is stored in a secure manner. However, you acknowledge that there are security and privacy limitations which are beyond the control of iConnect Social Inc. and that the security, integrity and privacy of any and all information and data and Content exchanged between you and iConnect Social Inc. through the Application cannot be guaranteed. We are not responsible for the security of your Account or User Generated Content. Your use of the Application is at your own risk.
15) INDEMNIFICATION
You defend and indemnify and hold harmless iConnect Social Inc. and any of its affiliated and related companies, and each of their respective directors, officers, shareholders, employees, licensees, representatives and assigns, from and against any and all claims, losses, damages, costs and expenses (including legal fees) which may arise from or relate to your use or misuse of the Application, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.
16) SPAM POLICY
You are strictly prohibited from using the Application or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
17) THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party mobile applications or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Application.
18) ENURMENT AND ASSIGNMENT
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 may not assign your rights or obligations hereunder without iConnect Social Inc.’s prior written consent.
19) NO WAIVER
iConnect Social Inc.’s failure to enforce any provision of these Terms and Conditions will not be construed as a waiver of such provision.
20) VARIATION
If any part of these Terms and Conditions is held to be unlawful, void, invalid or unenforceable by any court of law, that part of these Terms and Conditions will be deemed severable and will not affect the validity and enforceability of any remaining provisions, to the fullest extent.
21) TERMINATION OF ACCOUNT
Either party may terminate these Terms and Conditions for convenience upon written notice. Without limitation to the foregoing, we may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Application, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Application or our or any third party's equipment or network is impaired by your use of the Application, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Application, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Application.
In the event of termination all provisions relating to intellectual property (except for any express or implied licenses granted to you), all indemnification obligations, all disclaimers and all limitation and exclusion of liability provisions will survive any such termination or any termination of the agreement formed by these Terms and Conditions, regardless of the reason for such termination and regardless of whom initiates termination.
22) APPLICATION MONITORING AND ENFORCEMENT
iConnect Social Inc. has the right, without provision of notice to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Application. Without limiting the foregoing, iConnect Social Inc. has the right to fully cooperate with any law enforcement authorities and/or regulator as well as to comply with and give effect to any court order requesting or directing it to disclose the identity or other information of anyone posting any materials through use of the Application.
23) NO WARRANTIES
Your use of the Application is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Application will meet your needs or that the Application will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Application or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Application is your sole responsibility and we are not liable for any such damage or loss.
24) SERVICE INTERRUPTIONS
We may need to interrupt your access to the Application to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Application may be affected by unanticipated or unscheduled downtime, for any reason, and that iConnect Social Inc. will have no liability for any damage or loss caused as a result of such downtime.
We do not warrant that the Application (and features and functionality of the Application) will be available at all times, as (in addition to the factors mentioned above), it may be down for maintenance or as a result of a bug or other deficiency. Although we will endeavour to fix deficiencies, we provide no guarantee or assurances in this regard. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE INCURRED BY YOU OR ANY THIRD PARTY USING THE APPLICATION, ARISING FROM THE APPLICATION, FROM ANY INFORMATION DISPLAYED AS PART OF USE OF THE APPLICATION OR FROM ANY UNAVAILABILITY OF ANY OF THEM.
25) DISCLAIMERS AND LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you, your device or any associated devices as a result of your use of the Application, to the fullest extent permitted by law. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
ACCESS TO AND USE OF THE APPLICATION AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND iCONNECT SOCIAL INC. DISCLAIMS ANY REPRESENTATION, WARRANTY OR CONDITION, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO QUALITY, ACCURACY, COMPLETENESS, LEGALITY, NON-INFRINGEMENT, CURRENCY, RELIABILITY, EFFICACY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED ACCESS TO THE APPLICATION, ERROR-FREE OPERATION OF THE APPLICATION, THE ABSENCE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS OR CORRUPTED DATA OR INFORMATION ON THE APPLICATION.
iCONNECT SOCIAL INC., ITS ADVERTISERS, SPONSORS, CONTENT PROVIDERS, SERVICE PROVIDERS AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES RELATED TO OR ARISING FROM THE USE OR INABILITY TO USE THE APPLICATION AND/OR THE CONTENT INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REPUTATION, PURE ECONOMIC LOSS, INTRUSION UPON SECLUSION, PAIN AND SUFFERING, INJURY TO DIGNITY, FEELINGS AND SELF-RESPECT, LOSS OF PROFIT, LOSS OF BUSINESS OPPORTUNITY, DEPRECIATION OF GOODWILL, LOSS OF REVENUE, AND NON-MONETARY LOSSES, WHETHER BASED ON BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), AND/OR VIOLATION OF APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, 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.
THE CONTENT IS INTENDED FOR INFORMATIONAL PURPOSES ONLY, IS NOT INTENDED TO CONSTITUTE ADVICE, ENDORSEMENTS OR RECOMMENDATIONS, AND SHOULD NOT BE RELIED UPON IN ANY SUCH REGARD. iCONNECT SOCIAL INC. DOES NOT RECOMMEND OR ENDORSE THE USE OF ANY THIRD PARTY GOOD OR SERVICE THAT MAY BE SHOWN, FEATURED AND/OR DESCRIBED ON THE APPLICATION. ANY INFORMATION CONTAINED ON THE APPLICATION SHOULD BE USED ONLY AFTER HAVING BEEN VALIDATED AND VERIFIED. ICONNECT SOCIAL INC. IS NOT RESPONSIBLE OR LIABLE IN TERMS OF ANY INACCURACY IN TERMS OF THE CONTENT, WHETHER PROVIDED BY iCONNECT SOCIAL INC. A OR ANY THIRD PARTY. IT IS YOUR SOLE RESPONSIBILITY TO VERIFY THE ACCURACY, CURRENCY AND COMPLETENESS OF ANY CONTENT AND TO TAKE REASONABLE PRECAUTIONS WHERE THE FOREGOING CANNOT BE UNDERTAKEN WITH CERTAINTY.
ANYONE ACCESSING AND USING THE APPLICATION DOES SO AT HIS OR HER OWN RISK AND AGREES TO INDEMNIFY iCONNECT SOCIAL INC. AND ITS SERVICE PROVIDERS AND CONTENT PROVIDERS FROM ANY AND ALL LIABILITY, LOSS, INJURY, DAMAGES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) AND OTHER LOSSES ARISING FROM SUCH PERSON'S USE OF THE APPLICATION AND/OR USE OF CONTENT.
26) GOVERNING LAW AND JURISDICTION
These Terms and Conditions and the use of the Application and Content are governed by and interpreted in accordance with the laws of the Province of Ontario, and you irrevocably attorn to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada (including, without limitation, provincial and federal courts located in the city of Toronto). Notwithstanding the foregoing, iConnect Social Inc. may institute proceedings in any jurisdiction where infringement of its intellectual property and/or any misappropriation or misuse of its confidential information and/or trade secrets takes place.
iConnect Social Inc. controls and operates the Application from its offices in Ontario, Canada. iConnect Social Inc. makes no representation that the Application and the Content are appropriate or available for use in other jurisdictions. Anyone accessing the Application from other jurisdictions assumes sole responsibility for compliance with local laws.