End User Agreement
TERMS OF SERVICE
This website is operated by Yappn Canada Inc. “Yappn”, copyright Yappn Canada Inc. Throughout the site, the terms “we”, “us” and “our”, “Yappn” refer to Yappn Canada Inc. and “you” and “your” refers to a user or purchaser of our Services in any and all respects.
Your use of this site and services is conditional upon your acceptance of all terms, conditions, notices and polices stated herein. By accessing the site or purchasing any services, you agree to be bound by these Terms of Service. If you do not agree with any part of the Terms of Service listed, you may not access or use any part of the site or services. It is your responsibility as the User to review the Terms of Service periodically for updates that may affect your use and agreement of use for the services as we may update these Terms of Service at any time and without notice to you. Any continued use of the site or services by you after an update is posted to the Terms of Service constitutes your agreement to the updated Terms of Service. Any changes to our offerings shall also be subject to the Terms of Service. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Any views, descriptions, opinions or services expressed or advertised by a third party on this site are solely the views, descriptions, opinions or services of that third party and Yappn assumes no responsibility for the accuracy, effectiveness or quality of such statement or offering. Reference to any product, event, process, publication, service, or offering of any third party does not constitute or imply the endorsement or recommendation of such by Yappn.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
INFORMATION ACCURACY, COMPLETENESS AND TIMELINESS
We are not responsible if information made available on this site or through our services is not accurate, complete or current. The material on this site or through this service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the use of material on this site or through this service is at your own risk.
The language services provided are intended for the limited use of your site and are provided on an “as is”, “where is” and “as available” basis and your use of the Service is at your own risk. We are not responsible for any defects and/or risks that exist in the Service or any resulting loss or problems associated with any such defect or risk and we provide no warranty, representations or guarantee, express or implied, as to the fitness or accurateness of the services provided for any particular use or purpose and we provide no warranty, condition, guaranty or representation, whether oral, in writing or in electronic form, including, without limitation, the accuracy, timeliness or usefulness of any of the content, materials, translations or services provided through the site. You agree to hold Yappn, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors harmless from any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind resulting from any use of the site or our services for any reason and under any circumstances. Yappn shall not be responsible to you or any third party for any direct or indirect, consequential, special, punitive or exemplary damage, or any loss incurred in connection with your use of the site or service or any damage or loss due to interruptions, deletions, errors, omissions, defects, delays in performance or delivery of translations, regardless of the claim as to the nature of the cause of action, even if Yappn has been advised of the possibility of such damage or loss.
SERVICE AND PRICES MODIFICATIONS
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the offered Services.
Yappn may, at its sole discretion, at any time, without prior notice and temporarily or permanently:
- Terminate, limit or deny license;
- Change, reduce or limit the functionality and features of the product;
- Create different priorities or grades for different users;
- Introduce new features that may cause functionality change in earlier versions;
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Yappn. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Yappn creates, licenses, acquires and /or owns various data or collections of data, inventions, formulations, know-hows, concepts, methods, methodologies, terminology, process, techniques, models, templates, works of authorship, software, user interfaces, designs, tools, logic, work flows and methods of operation (collectively, the “Yappn Property”). Yappn retains all ownership rights to the Yappn Property and any modification, enhancements and derivative works thereof (collectively, “Enhancements”) and you shall acquire no right or interest to the Yappn Property or Enhancements.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You agree that depending on the services purchase, you may be subject to a monthly or annual billing cycle.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third- parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third- party products should be directed to the third-party.
ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’, ‘where is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, and non-infringement.
In no case shall Yappn, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Yappn and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third- party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by providing 30 days written notice however you may be subject to charges for an additional billing cycle beyond the 30 days’ notice. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of your next billing cycle; and/or accordingly we may deny you access to our Services (or any part thereof).
Yappn may assign or delegate its rights or obligations under these Terms of Service to any parent, affiliate or subsidiary corporation or to any person, firm or corporation purchasing all or substantially all of the assets of the Party or with whom the Party may merge.
These Terms of Service in no way establishes exclusive arrangement between Yappn and the user and each is free to enter into agreements and other arrangements with third parties.
The failure of Yappn to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ontario Canada.