TERMS AND CONDITIONS OF USE
Last Modified: January 17, 2019
Wazzio Inc. is a corporation formed pursuant to the Canada Business Corporations Act in Canada. In consideration for permitting your access to our website, applications, online services and other good and valuable consideration, you agree as follows:
These terms and conditions (the ” Terms“) form a legally binding agreement which govern your access to and use of Wazzio Inc.’s, (“we”, “us” or “our”) RYLLI website hosted at www.wazzio.com, www.ryl.li, www.rylli.com, www.rylli.ca, www.rylli.io and other domains and sub-domains (the ” Website“) and our RYLLI iOS, Windows and Android applications, telephone and online services (collectively the ” Service“).
IN THESE TERMS, THERE ARE PROVISIONS WHICH LIMIT OUR LIABILITY, OUTLINE RISKS ASSOCIATED WITH USING THE SERVICE AND IMPOSE OBLIGATIONS ON YOU. YOU MUST REVIEW THESE TERMS, ALONG WITH ANY POLICIES INCORPORATED BY REFERENCE, BEFORE USING THE WEBSITE AND SERVICE.
BY USING OUR WEBSITE AND SERVICE, YOU, THE USER (“USER”, “YOU” OR “YOUR”), REPRESENT AND WARRANT THAT:
1. YOU ARE AT LEAST 18 YEARS OLD; AND
2. YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.
IF YOU ARE NOT OF THE AGE OF MAJORITY OR DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE WEBSITE AND SERVICE.
IF YOU ARE USING THE WEBSITE AND/OR SERVICE ON BEHALF OF, OR IN THE EMPLOY OF, AN ORGANIZATION (CORPORATION, TRUST, PARTNERSHIP, ETC.), YOU ARE AGREEING TO THESE TERMS FOR THAT ORGANIZATION AND REPRESENTING AND WARRANTING THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS. IN SUCH A CASE, “YOU” AND “YOUR” WILL ALSO REFER TO THAT ORGANIZATION AND YOURSELF INDIVIDUALLY. FOR GREATER CLARITY, BOTH YOU AS AN INDIVIDUAL AND YOUR ORGANIZATION ARE LEGALLY BOUND BY THESE TERMS WHICH FORM AN AGREEMENT BETWEEN YOU AND WAZZIO INC., ALSO OPERATING AS RYLLI.
AS OUR WEBSITE AND SERVICE CONTINUE TO CHANGE, WE MAY, AT ANY TIME, REVISE THESE TERMS AND OUR POLICIES BY UPDATING THIS PAGE OR THE PAGE HOSTING THE RELEVANT POLICY. THE DATE OF THE LAST VERSION OF THESE TERMS IS POSTED ABOVE. WE MAY NOTIFY YOU OF ANY CHANGES TO THESE TERMS BY SENDING A NOTICE TO THE EMAIL ADDRESS REGISTERED IN YOUR ACCOUNT, OR BY PLACING A NOTICE ON OUR WEBSITE OR IN THE SERVICE. THIS WILL ALLOW YOU TO CHOOSE WHETHER TO CONTINUE USING THE SERVICE OR NOT. AS YOU ARE BOUND BY THESE TERMS EACH TIME YOU VISIT OUR WEBSITE OR USE OUR SERVICE, YOU ARE RESPONSIBLE FOR REVIEWING THE AMENDMENTS TO THESE TERMS AND YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO SUCH AMENDMENTS BY ACCESSING AND USING THE WEBSITE AND SERVICE AFTER SUCH AMENDMENTS HAVE BEEN POSTED. IF YOU DO NOT AGREE WITH THE AMENDMENTS, YOU AGREE TO IMMEDIATELY STOP ACCESSING THE WEBSITE AND SERVICE AND TERMINATE YOUR ACCOUNT, SUBJECT TO THE TERMS PROVIDED FOR HEREIN.
About Our Service
Our Service provides a platform for users to find, book and pay for the goods and services of nearby businesses.
Establishing an Account
- You are at least 18 years old;
- All information provided to us, whether at the time you established your account or thereafter, is true, accurate and not misleading; and
- If you are a Business Account holder, that your business is in good standing under all applicable governing laws and the business is legally entitled to operate in the jurisdiction(s) in which your business is located.
We may also allow you to create an account via third-party providers such as Google, Facebook, Twitter, LinkedIn, Yahoo and others. If you elect to establish your account via a third-party provider, you agree to permit us to collect the personal information they send us to establish your account.
Upon establishing an account with us, we grant you a worldwide, non-transferable, non-exclusive license to access the Service in accordance with these Terms, but reserve the right to revoke the license and your access to our Website and Service without cause or justification.
Account Not Transferable, Updating Your Account & Security
If you establish an account with us, access to your account is not transferrable and is only intended for the individual or entity that established the account. Upon setting up an account, you will be required to create a username and password. You are responsible for safeguarding the password you use to access the Website and Service and you agree not to disclose your password to any third party. You agree you are responsible for any activity on your account, whether or not you authorized that activity. You agree to immediately notify us of any unauthorized use of your account.
While we take measures to secure communications on our Service, you understand that the technical processing and transmission of the Website and Service, including your content and personal information, may be transferred unencrypted, hacked or stolen by third parties and involve transmissions over various networks and devices.
Your Relationship with Wazzio Inc. as a Business Account Holder
You agree that as a Business on our Service, you are providing your services as an independent business or contractor and not as an employee, joint venturer or partner. Our Service merely facilitates a connection and relationship between you and persons registered on our Service as Customers. Accordingly:
- You are free to provide your products and services to other customers who have not contacted you through the Service. However, as a Business Account holder, you agree that all services you perform for a Customer you connect with, as a result of the Service, will be processed through the Service;
- You are responsible for reporting all income to the relevant authorities in your home (or any other applicable) jurisdictions;
- You agree that neither we, nor our affiliated entities or partners, shall have any liability or responsibility for the withholding, collection or payment of any taxes, employment insurance premiums, pension plan contributions, benefits or any other deductions or withholdings on any amounts paid by us to you. You are responsible for the collection and remittance of all such taxes;
- Without limiting the above, you agree that you are responsible for collecting and remitting all sales taxes, including GST/HST, applicable to the provision of your products or services;
- You agree to indemnify us and our directors, officers, affiliates, partners and employees from any and all claims, penalties, fees or other liabilities in respect of your failure to withhold and/or remit any taxes, employment insurance premiums, pension plan contributions or similar deductions or withholdings; and
- Unless with our express permission, you have no authority to and will not exercise or hold yourself out as having any authority to enter into or conclude any contract or to undertake any commitment or obligation for, in the name of or on behalf of us or our affiliates.
As a Business Account holder, you are responsible for all account information, postings and pricing information associated with your profile and account. You agree to operate your account in accordance with all applicable laws and will not post any misleading or deceptive advertising, pricing or other information.
As a portal that facilitates the connection between Business Account holders and Customers, we are not a party to any agreement between Customers and Business Account holders for bookings made or facilitated via the Service, whether that agreement is formed via the Service or elsewhere. While we facilitate the connection, booking and payment process, you are free to further contract or negotiate additional terms of any agreement with other users.
As a Business Account holder, you acknowledge that Customers and users of the Service will be able to rate and review your business. Such ratings and reviews are made public. You agree that we shall not be liable or responsible to you for any damaging reviews or ratings. We only remove ratings and reviews if they are in violation of these Terms or our Acceptable Use Policy.
Customer Account Holders
As a Customer Account holder:
- You acknowledge that the businesses listed on our Service and the goods and services they provide are provided by independent third parties who are not employed by or affiliated with us;
- When contacting a business on the Service, you are solely responsible for confirming the accuracy of all information you upload or post to the Service. By submitting a booking request or contacting such Business Account holders you understand and agree that the business with whom you have made the request has the right to accept or decline such request in its sole discretion;
- You agree to pay all sales and other taxes applicable to the Service and the services provided by Business Account holders; and
- Subject to any applicable refund policy, you agree to pay the fees listed on the Service for all bookings you make or which are made using your account.
The Service facilitates payments from Customers to Business Account holders. If you are a Customer, the Service will charge your credit card according to the rate published by the corresponding Business Account holder, plus any additional fees specified in our Fees and Payments Policy , as amended from time to time. The Fees and Payments Policy is available online at (www.wazzio.com/rylli-payments). The Fees and Payments Policy includes a Rylli Surcharge Fee, which Customer Account holders agree to pay for each booking made on our Service.
As a Customer, you authorize us to process payments via our payment processor and send those payments, after deducting our fees, to the appropriate Business.
You acknowledge and agree that we use third-party payment processors for all credit card and related billing and payment charges. Your personal and credit card information is collected by them when you establish an account or cause a payment to be made on the Service.
Payment processing services are provided by Stripe (https://stripe.com/ca) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Wazzio Inc. enabling payment processing services through Stripe, you agree to provide accurate and complete information about you and your business, and you authorize Wazzio Inc. to share it and transaction information related to your use of the payment processing services provided by Stripe. Please contact us if you have any questions about our third-party payment processor.
Business Account Holder Fees
Our Fees and Payments Policy (https://www.wazzio.com/rylli-payments), as amended from time to time, also sets out the fees payable by Business Account holders. As a Business Account holder, you agree that we will deduct our fees from payments made by Customer Account holders and remit the balance of such payments to you in accordance with our Fees and Payments Policy.
If any information or terms posted to the Website or Service concerning fees, tax, discounts, refunds or cancellations are posted in error, we reserve the right to amend those terms without liability to you.
If a Customer’s booking request is accepted by a Business Account holder, a transaction is confirmed on the Service (“Transaction“). No Transaction is confirmed until the applicable Business Account holder accepts the request on the Service. Our payment processor may pre-authorize a Customer’s credit card in order to confirm the Transaction.
Either party may cancel the Transaction any time prior to the scheduled start time, without payment. However, Customers will be required to pay a one-time cancellation fee of $10.00 if they fail to attend a scheduled appointment or cancel the appointment after the scheduled start time.
In the event a Customer does not attend at the Business premises at the scheduled time, the Business Account holder may cancel the booking appointment in order to accept a new customer. Upon the Business Account holder cancelling the Transaction, no cancellation fees are payable by the Customer.
If a Business Account holder cancels a Transaction after the scheduled start time, and the Customer is in attendance, such cancellation may be used in considering their suspension or removal from the Service. Customers will be given the opportunity to rate and review the Business Account holder in such circumstances.
We reserve the right, in our sole discretion, but have no obligation, to refund or provide credits to a Customer or arrange for our payment processor to do so. As a Business Account holder, you accept the risks of our final determination that a refund may be granted to a user in our discretion. In the event a refund is issued, and we remain out-of-pocket, you, as the applicable Business Account holder, shall immediately pay to us any such amounts. We may also set off any outstanding amount payable to you against any debts you owe us.
ACCEPTANCE OF RISK AND DISCLAIMERS
EVERYTHING ON OUR WEBSITE AND PROVIDED AS PART OF OUR SERVICE OFFERING IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
YOU AGREE AND ACKNOWLEDGE THAT:
- WHILE WE STRIVE TO HAVE ERROR FREE AND UNINTERRUPTED SERVICE, WE DO NOT GUARANTEE THE ABSENCE OF INTERRUPTIONS NOR SHALL YOU HOLD US LIABLE FOR ANY DAMAGE SUCH INTERRUPTIONS MAY CAUSE;
- IF YOU REGISTERED AS A CUSTOMER, YOU ARE RESPONSIBLE FOR VETTING AND CONDUCTING YOUR OWN DUE DILIGENCE ON ANY BUSINESS YOU HIRE, BUY PRODUCTS OR SERVICES FROM, ENGAGE OR OTHERWISE INTERACT WITH THROUGH THE SERVICE;
- THERE ARE POTENTIAL RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM, WHEN YOU DEAL WITH SOMEONE YOU CONNECT WITH THROUGH OUR WEBSITE OR SERVICE. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER PERSONS OR BUSINESSES WITH WHOM YOU MEET, CONTRACT WITH OR COME IN CONTACT WITH THROUGH THE WEBSITE OR SERVICE;
- WE PROVIDE NO ASSURANCES OR REPRESENTATIONS (EXPRESS OR IMPLIED) REGARDING THE QUALITY, TIMING OR LEGALITY OF THE SERVICES DELIVERED BY THE BUSINESSES OR THE INTEGRITY, RESPONSIBILITY OR ACTIONS OF ANY CUSTOMERS OR BUSINESS ACCOUNT HOLDERS;
- EVEN IF LISTED ON OUR SERVICE, AND EVEN IF A USER HAS RECEIVED FAVORABLE REVIEWS ON THE SERVICE, WE DO NOT ENDORSE, REFER OR RECOMMEND ANY CUSTOMERS OR BUSINESSES, NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES PROVIDED BY BUSINESSES; AND
- WE ARE NOT RESPONSIBLE FOR THE PERFORMANCE, NOR DO WE HAVE CONTROL OVER THE QUALITY, TIMING, PROVISION OR FAILURE TO PROVIDE, OR ANY ASPECT WHATSOEVER, OF THE WORK YOU, AS A CUSTOMER OR OTHER USER, HIRE A BUSINESS TO PERFORM VIA THE SERVICE.
DISCLOSURE OF INFORMATION PURSUANT TO COURT ORDER, SUBPOENA OR OTHER LEGAL PROCESS
WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION (INCLUDING BUT NOT LIMITED TO YOUR PERSONAL AND BUSINESS INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE OR SERVICE TO THIRD PARTIES IF REQUIRED BY LAW (SUCH AS IN RESPONSE TO A SUBPOENA, COURT ORDER OR OTHER LEGAL PROCESS IN ANY JURISDICTION), AND TO COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY CRIMINAL OR CIVIL MATTER.
IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW) PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.
WE OPERATE THE WEBSITES AND SERVICE IN CONJUNCTION WITH OUR INDEPENDENT CONTRACTORS. OUR INDEPENDENT CONTRACTORS MAY HAVE ACCESS TO YOUR PERSONAL INFORMATION IN PROVIDING SERVICES TO US, OR PROVIDING YOU WITH ACCESS TO THE WEBSITE AND SERVICE. WE MAY USE A VARIETY OF SERVICE PROVIDERS, EMPLOYEES AND SERVERS IN LOCATIONS BOTH INSIDE AND OUTSIDE OF CANADA, WHICH MAY MAKE YOUR PERSONAL INFORMATION THE SUBJECT OF FOREIGN LAWS AND FOREIGN LEGAL PROCEEDINGS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT LIMITING THE GENERALITY OF THIS SECTION, OR ANY OTHER SECTION LIMITING OUR LIABILITY, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR THE ACTS OR OMISSIONS, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENT ACTS OR OMISSIONS, OF OUR INDEPENDENT CONTRACTORS, BUSINESS ACCOUNT HOLDERS, CUSTOMERS OR THIRD-PARTY SERVICE PROVIDERS.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR SERVICE, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS OR LICENSORS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE AND SERVICE.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, OR YOU OTHERWISE TAKE LEGAL ACTION AGAINST US, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF OUR WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE AMOUNTS PAID BY YOU TO US (IF ANY), OVER THE PRECEDING TWO (2) MONTHS.
YOU AGREE AND ACKNOWLEDGE THAT ACCESS TO OUR WEBSITE AND SERVICE, AND IF YOU ARE A PAYING USER, THE FEES PAID BY YOU, REFLECTS THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE WEBSITE OR SERVICE WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
INDEMNIFICATION AND HOLD HARMLESS
Our Website and Service contain open source and public domain content, licensed content as well as proprietary content owned by us and by third parties. You are not permitted to copy or distribute any content (including but not limited to text, images, trademarks, videos and audio) on the Website or Service without the express consent of the owner. All other contents of the Website and Service including, but not limited to, the computer code, is the property of Wazzio Inc. and/or our independent providers of content (“ICPs“) with all rights reserved.
Without limiting the generality of the forgoing, you are not permitted to use any trademark or trade name of Wazzio Inc., including our logos, without our express permission.
Our Website and Service permits you and other users the ability to upload and post content (“User Content“) to the Service. We do not pre-screen User Content uploaded or posted to the Website or Service by you or other users. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Service in order to facilitate the ordinary use of the Service. You may delete your User Content from the Service at any time.
In addition to our Acceptable Use Policy, you agree not to use the Service in any manner which may infringe copyright or other intellectual property rights of any third party or in any manner which is unlawful, offensive, threatening, libelous, defamatory, obscene or in violation of these Terms.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion to be unlawful, damaging, or violate any third-party’s intellectual property rights, these Terms or any policy incorporated by reference herein.
You agree that we do not accept or assume responsibility, nor shall you hold us liable or responsible for the accuracy or reliability of any information provided by Customers or Businesses on or off the Website or Service.
Property and Feedback
All rights, title and interest in and to the Website, Service and their contents or components are and will remain the exclusive property of Wazzio Inc., our ICP’s and licensors, including all Intellectual Property Rights (as defined below), even if we incorporate any of your Feedback (as defined below) into subsequent versions.
The Website, Service and their contents are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website, Service or their contents. You may not copy or modify the code used on the Website or Service.
All feedback, comments, and suggestions for improvements (the “Feedback“) that you provide to us, in any form, will immediately become our sole and exclusive property. You hereby irrevocably transfer and assign to us and agree to irrevocably assign and transfer to us all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights“) therein.
At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the Website, Service or their contents or in any of our Intellectual Property Rights on account of these Terms or your performance under these Terms.
Copyright and Trademark Notice
If you believe that your copyrighted or trademarked work has been copied or posted on our Website or Service in a way that constitutes infringement, please notify us at email@example.com. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer’s account.
Whether or not we are affiliated with sites or third-party vendors that may be linked to our Website or Service, we are not responsible for their content (the “Linked Sites“). The Linked Sites are for your convenience only and you access them at your own risk. We and other users may provide links and references to material on other websites or applications not owned or operated by us. Links found on our Website or Service are not an endorsement and we do not represent or warrant the accuracy or truth of the contents of information found on said websites. You access those links and corresponding sites at your own risk.
We offer a loyalty rewards program (“RYLLI Rewards Program“) which is meant to incentivize you to use our Service. The RYLLI Rewards Program has its own terms and conditions (“RYLLI Rewards Program Terms“) which are incorporated here by reference. You can view the RYLLI Rewards Program Terms on our Website.
Referral Credits and Promotions
We may from time-to-time grant credits on our Service to users who refer new account holders to us or run other promotions. The terms of granting such credits and such promotions may be amended from time to time as posted on the Website and Service. You agree that you are solely responsible for declaring the value of any such credits for tax purposes where you are required to do so.
For any promotions made available on the Service, you agree that such promotions or account credits have no cash value, may expire prior to use, are subject to additional terms as set out on the Website and Service and may be terminated or cancelled at any time without liability to us. You further agree that any account credits or promotion results are not transferrable, must be used by the user they were granted to and cannot be sold or transferred to any third party.
Business Account holders may also run promotions that are referenced by them on the Service. We are not responsible for the operation of such promotions run, managed and maintained by third-party Business Account holders.
From time-to-time, we may make contests or promotions available to users of the Website and Service. All contests are governed by these Terms and the applicable contest rules (“Contest Rules“). By participating in a contest through the Website or Service, you signify your agreement and acceptance of these Terms and the applicable Contest Rules.
Law of the Contract (Governing Law) and Jurisdiction
These Terms, all documents incorporated by reference and your relationship with us, shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada (and any Canadian federal laws applicable therein), as such laws are applied to agreements entered into and to be performed entirely within Ontario and, to the extent permitted, without regard to any conflict of law provisions.
You agree to irrevocably and unconditionally submit to the jurisdiction of the courts and tribunals of Ontario, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in any way related to these Terms, all documents incorporated by reference and your relationship with us.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Where a provision in these Terms is found to be unlawful, void or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute.
No Construction Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Waiver of Class Proceedings and Trial by Jury
To the fullest extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. To the fullest extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
While we would much rather you stay, you can stop using our Website and Service at any time. Please contact us to learn more about cancelling your account.
We reserve the right to suspend your account or access to our Website or Service at any time, with or without cause, notice or liability. We further reserve the right to place your account on hold, or make it inactive, pending any complaints, dispute resolution process, refunds or any other reason.
Your cancellation, suspension or termination of access to our Website or Service shall not terminate this agreement. Without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) shall remain binding.
Assignment of this Agreement
These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of our Website and Service, the transfer of control of Wazzio Inc., or otherwise.
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
In the course of using your account with us or using our Website and Service, you may be required, or, by your actions, may be deemed, to consent to the terms of agreements provided by certain third-party service providers, including but not limited to, payment processors, social media login account providers (Facebook, Twitter, Google, Yahoo etc.), credit card companies and banks. You agree that nothing in those agreements shall, in any way, alter these Terms or your obligations hereunder.
Any new features that augment or enhance the current Website and Service, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms. Continued use of the Website and Service after any such changes shall constitute your consent to such changes.
This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing and signed by a duly authorized representative of Wazzio Inc.
Last Modified: January 17, 2019
Collection of Personal and Business Information
To establish an account with us, we collect your personal and business information including, but not limited to, your:
- Full name;
- Business name(s);
- Mailing address;
- Email address;
- Phone number;
- Social profiles and social profile user information (including, for example, where you elect to create an account and sign in using LinkedIn, Facebook, Google, Twitter and other accounts or where you elect to display your social media profiles and links);
- Comments, feedback, reviews and other information you upload or provide to the Website or Service;
- IP address and location data, including geo-location data and historical geo-location data;
- Automated data logs related to your use of the Service;
- Website statistics and analytics data regarding your use of the Website and Service;
- Other types of raw data relating to how you interact with the Website and Service, for example, your device and browser information and session duration;
- Profile photos, images, business logos and trademarks (where you elect to upload them);
- Payment, banking and credit card information;
- All other information you provide on our Website or Service or otherwise, including as part of your communications with us, or your communications with third parties via the Service; and
- For Business Account holders or applicants, we or our third-party service providers, may also collect copies of your business registration documents, tax numbers, social insurance number or social security number.
Please note that third-party service providers may have their own privacy policies on the collection and use of your information which either we or you provide them.
Use of Location Services
Our Service uses location services made available online and by iOS, Android and other platforms and devises. Location services allows location-based apps and websites like ours to use information from internet service providers, cellular, Wi-Fi, Global Positioning System (GPS) networks, and iBeacons to determine your location. We use location services to facilitate the ordinary operation of the Service and facilitate users finding nearby businesses.
To learn more about the use of location services on iOS devices please visit https://support.apple.com/en-us/HT203033. To learn more about the use of location services on Android devices, please visit https://support.google.com/accounts/answer/3467281?hl=en.
Credit Card and Payment Processing
We do not have access to all the information you provide to Stripe including, for example, your full credit card number. However, we will have the ability to bill your credit card and access certain personal and business information you provide to Stripe, such as the name on your credit card, the address associated with the card, the last four digits of your card and the credit card expiration date.
The Use of Your Personal Information
The collection of your personal information may also be used to:
- Facilitate the ordinary operation of the Website and Service, including providing your personal, business and geo-location information to other users, third-party service providers and contractors;
- Verify your contact information and information you provide to us;
- Promote our partners and Business Account holders’ websites and service offerings to you in various forms of communication, including but not limited to, email, SMS, and in-app notifications. You can unsubscribe from or turn off such notification at any time;
- Perform credit checks with third parties;
- Support and improve the Website and Service we offer;
- Provide user support;
- Communicate with you about your account or services we offer;
- Bill and collect money owed to us;
- Pursue available legal remedies to us and to prosecute or defend a court, arbitration or similar proceeding;
- Send or display informational and promotional materials from us, our partners, advertisers or third parties to you;
- To meet legal requirements;
- To provide information to representatives, marketing partners and advisors;
- To enforce compliance with any terms and conditions and applicable law; and
- Enhance our Service offerings to you and offer you related products and services, whether by advertisements or otherwise.
We may also use your personal information to be aggregated as part of databases to perform data analytics on our users. We may sell data analytics results. However, such results will not have any personally identifying information about you. The data analytics are intended to help us and our partners and affiliates make business and marketing decisions.
IN ADDITION, WE RESERVE THE RIGHT TO PROVIDE YOUR CONTENT AND INFORMATION (INCLUDING, BUT NOT LIMITED TO, YOUR PERSONAL AND BUSINESS INFORMATION) UPLOADED OR COLLECTED BY OUR WEBSITE, SERVICE OR OTHERWISE TO THIRD PARTIES IF REQUIRED BY LAW (SUCH AS IN RESPONSE TO A SUBPOENA, COURT ORDER OR OTHER LEGAL PROCESS IN ANY JURISDICTION), AND TO COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN THE INVESTIGATION OF ANY CRIMINAL OR CIVIL MATTER.
IF WE ARE REQUIRED BY LAW TO MAKE ANY DISCLOSURE OF YOUR CONTENT OR PERSONAL OR BUSINESS INFORMATION, WE MAY (BUT ARE NOT OBLIGATED TO) PROVIDE YOU WITH WRITTEN NOTICE (TO THE EXTENT PERMITTED BY LAW) PRIOR TO SUCH DISCLOSURE SO THAT YOU MAY TAKE APPROPRIATE ACTION.
The Disclosure of Your Personal Information and Access to It
We may share your personal and business information with our suppliers, advertisers, partners and employees to use that information in connection with one or more of the purposes for which that personal information was collected.
We also operate the Websites and Service in conjunction with our independent contractors. Our independent contractors may have access to your personal information in providing services to us, or providing you with access to the Website and Service. We may use a variety of service providers, servers, advertisers or employees in locations both inside and outside of Canada, which may make your personal information the subject of foreign laws and foreign legal proceedings.
- We use Office 365 offered by Microsoft Corporation and their affiliates to store and host emails and other documents. To view their privacy statement visit https://privacy.microsoft.com/en-US/privacystatement;
- We use GSuite offered by Google LLC (see https://gsuite.google.com/together/) and their affiliates to, among other things, manage and host internal documents;
- We use Google Analytics offered by Google LLC and their affiliates to perform website and application analytics. For details on the types of information Google Analytics collects please visit https://analytics.google.com;
We may also disclose your personal information to our successors (if our business or the Service is acquired by another legal entity) or any assignee of our assets relating to the Website and Service.
WHILE WE TAKE MEASURES TO PROTECT PERSONAL INFORMATION, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE, HOWSOEVER CAUSED, FOR THE LOSS OR THEFT OF YOUR PERSONAL INFORMATION OR ANY DAMAGES CAUSED AS A RESULT THEREOF, SO LONG AS WE WERE NOT GROSSLY NEGLIGENT IN THE PROTECTION OF SAID INFORMATION.
Retention of Your Personal Information
We keep your personal information for as long as it is required for the purpose for which it was collected. There is no single retention period applicable to the various types of personal information collected.
Our Website and Service may place a temporary or permanent “cookie” in the browser files of your computer. The cookie itself does not contain any personally identifying information. However, the cookie may enable us to relate your use of our Website and Service to information that you have specifically and knowingly provided. By changing the settings in your web browser, you can prevent cookies from being used. However, doing so may interrupt the proper use of the Website and Service.
ACCEPTABLE USE POLICY AND CODE OF CONDUCT
Last Modified: May 15, 2017
WE ACCEPT NO RESPONSIBILITY FOR YOUR ACTIONS OR THE ACTIONS OF OTHER USERS OF THE WEBSITE AND SERVICE (WHETHER ONLINE OR OFFLINE).
You agree to use our Website and Service, and if you are a Business Account holder, to provide your services in accordance with the following acceptable use and code of conduct guidelines. You agree that you:
1. Will not upload, copy, distribute, share, sell, create derivative works of, or otherwise alter or use any content, in whole or in part, for any purpose whatsoever except as expressly authorized in this acceptable use policy and the Terms;
2. Will not upload, copy, distribute, share, or otherwise use content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, pornographic, threatening, racially or ethnically offensive or abusive, that would violate another person’s rights (including their intellectual property rights), constitute or encourage a criminal offense, give rise to civil liability, or violate any local, state, provincial, national or international law or regulation, or that is otherwise inappropriate;
3. Will not exploit the images of children or disclose personally identifiable information belonging to others;
4. Will not upload, copy, distribute, share or otherwise use unsolicited or unauthorized advertising, promotional materials, or any junk mail;
5. Will not upload, copy, distribute, share or otherwise use content that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or communications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner’s express consent;
6. Will not disclose your password or transfer your account to any third party, or allow any third party to access your account;
7. Will not impersonate any person or entity;
8. Will not write reviews of a business or other user which are knowingly false, misleading or defamatory;
9. Will not access the Website and Service by any means other than through the interface provided by us for use in accessing the Website and Service. This includes not using or launching any automated system including, without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Service in a way that sends more request messages to our servers in a given time period than a human reasonably can produce in the same time period;
10. Will not interfere with or disrupt the Website, Service or servers or networks connected thereto, make the Service available over a network (other than our network) where it could be used by others or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
11. Will not use the Website or Service to artificially generate traffic or page links to a Website or for any other purpose not intended;
12. Will not collect, harvest or store any personally identifiable information, including user account information, from us;
13. Will not use the Website or Service or conduct yourself in a way that has any unlawful or fraudulent purpose or effect;
14. Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Website or Service, in whole or in part;
15. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website or Service;
16. Will not rent, lease, sublicense, transfer, sell, trade, resell or exploit, for any commercial purposes, any portion of the Website or Service (including, without limitation, your account information, use of the Service or access to the Service;
17. Will not use your account for your own commercial purposes by sublicensing any rights granted by the Terms or, in any way, sharing the benefit of your account with others. Your account is non-transferrable and may only be used by you;
18. Will not use the Website or Service in any way that violates the Terms, or that aids, encourages, or purports to authorize anyone else to violate the terms of this policy;
19. Will not use the Website or Service or conduct yourself or your business in any way that intentionally or unintentionally violates any applicable local, state, provincial, national or international law, rule or regulation;
20. Will not employ misleading e-mail addresses or falsify information in any part of any communication;
21. Will not upload, transmit, disseminate, post, store or post links to any content that:
(a) prohibits from transmitting or posting by law, or by contractual or fiduciary relationship;
(b) facilitates hacking or unauthorized access or use of data, systems, servers or networks including any attempt to probe, scan or test for vulnerabilities, or to breach security or authentication measures;
(c) interferes with service to any user, system or network by using flooding techniques, overloading a system or a network, staging or broadcasting an attack or any other means resulting in a crash of a host either deliberately or by negligence; or
(d) infringes on, or contributes to, any infringement of, any intellectual property, material protected by copyright, trademark, patent, trade secret or proprietary right of any party.
We reserve the right in our sole discretion to revise this policy, which will be posted on the Website and Service.