TERMS OF USE

Everything you need to know about using Instappraise

Last Updated June 11, 2018

  1. Introduction
    1. These terms of use explain how you may use this website (the “Site”). References in these terms to the Site includes the following websites or domains:

      instappraise.com and all associated web pages and sub-domains.

      You should read these terms and conditions carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this website, please contact info@instappraise.com.
    2. Definitions:
      “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site.
      “We”, “us” or “our” means INSTAPPRAISE INC. a duly incorporated corporation under the laws of the Province of Alberta.
      “You” or “your” means the person accessing or using the Site or its Content
    3. Privacy Statement: these terms shall be supplemented by our Privacy Policy which shall be subject to these terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content, goods or services made available or supplied by us using the Site. Additional Terms shall prevail to the extent there is any conflict or inconsistency with any other of these terms.
    4. This Site is intended for and directed to persons over the age of majority in their jurisdiction of residence.
    5. Accessibility: we seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at webmaster@instappraise.com .
  2. Restrictions on use
    1. The Site is for the sole use of the person whose account is created. As a condition of your use of the Site, you agree:
      1. not to use the Site for any purpose that is unlawful under any applicable law, or prohibited by these terms and conditions;
      2. not to use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
      3. not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
      4. not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
      5. that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential;
      6. not allow the use of your account through any other person or persons. Each user account may only be used by the individual natural person for whom that user account is created.
    2. You agree that you will not:
      1. use the service to violate any third party rights;
      2. use our website and the Services if you are unable to form legally binding contracts, are under the age of majority in your jurisdiction of residence, or are temporarily or indefinitely suspended from our website;
      3. upload, post, email, transmit, or otherwise make available any Content that: (i) is false, inaccurate, misleading, defamatory, libellous, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, offensive, derogatory, or generally unlawful; (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any party; or (iv) would constitute unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of illegal solicitation;
      4. impersonate any person or entity, including, but not limited to, an official of the Site or falsely state or otherwise misrepresent your affiliation with a person or entity;
      5. transfer your account to another party without our prior consent;
      6. distribute viruses or any other technologies that may harm us, our affiliates, or the interests or property of any users;
      7. copy, modify, or distribute content from our website; or
      8. harvest or otherwise collect, use or disclose personal information about users, including email addresses, without their prior consent or not in compliance with applicable data protection and privacy laws.
    3. Additionally, you agree that you will not:
      1. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or the infrastructure of our affiliates;
      2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our website (or our affiliates’ websites) without the prior expressed written permission of us and the appropriate third party, as applicable;
      3. interfere or attempt to interfere with the proper working of our website or any activities conducted on our website; or
      4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted or transmitted through the Services.
      5. We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
      6. In the event that your access to the Site is prevented or suspended by us as a result of a violation of these terms and conditions or any applicable law, no refund or return of amounts paid to us will be made.
  3. Ownership, use and intellectual property rights
    1. This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
    2. Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
    3. Trade marks: Instappraise is our trade-mark. Trade-marks and trade names owned by us or by third parties may be used on this Site. The use or misuse of any trade-marks or any other Content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
  4. Software
    1. Where any software is made available for downloading from the Site, this is our copyrighted work and/or that of our licensors. We hereby disclaim all other warranties, conditions and other terms (whether express or implied) with regard to the software, including all implied warranties and conditions of satisfactory quality, freedom from defects and fitness for a particular purpose. You may only use such software in accordance with the terms of the end user licence agreement, if any, which accompanies the software and, subject thereto, in accordance with these terms. Any reproduction or redistribution of software not in accordance with the end user licence agreement and/or these terms is expressly prohibited, and may result in severe civil and criminal penalties.
  5. Submitting information to the Site
    1. During the registration process to become a user, you will select a username and a password. You agree to provide true, accurate, current and complete information about yourself as prompted by the Services registration form and maintain and promptly update this data to keep it true, accurate, current and complete at all times. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under such account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security; and (b) exit from your account at the end of each session.
    2. We do not represent, warrant, or guarantee that the Site is a secure means of communication. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. By transmitting or posting any submission or other material to us, you agree that, you will be subject to our Privacy and Cookie Policy.
    3. Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information.
    4. You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us.
  6. Accuracy of information and availability of the Site
    1. 6.1 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
    2. While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
  7. Hyperlinks and third party sites
    1. The Site may contain advertisements, hyperlinks or references to or for third party websites other than the Site. Any such advertisements, hyperlinks or references are provided for your convenience only. We have no control over third party advertisements or websites and accept no responsibility for any content, material or information contained in them. The display of any advertisement, hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
  8. Warranties and limitation of liability
    1. You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for particular purpose.
    2. To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for whatsoever reason, the actions of any malicious or opportunistic third party actors, and any representation or statement made on the Site.
    3. We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
    4. Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed to the extent permitted by law the amounts paid by you to us in relation to your use of the Site or its Content.
    5. Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
    6. Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.
  9. Release and Indemnity
    1. If you have a dispute with one or more users, you release us, (our affiliates) and licensors (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
    2. li>You agree to indemnify and hold us, our licensors and our officers, directors, agents, subsidiaries, joint ventures, partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach or violation of these Terms of Use or the Additional Terms, of any Content which you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, or your violation of any rights of another or your violation of any law or the rights of a third party.
  10. Agreement not to compete
    1. As consideration for your use of the services of the Site, you agree not to, while you are a user of the Site or have an account, and for a period of one year thereafter, directly or indirectly, in any manner whatsoever, including, without limitation, either individually or in partnership or jointly, or in conjunction with any other person as principal, agent, shareholder, employee or in any other manner whatsoever, carry on or be engaged in the business carried on by us as of the date of this Agreement.
  11. General
    1. These terms are dated June 11, 2018. No changes to these terms are valid or have any effect unless agreed upon by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
    2. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 300 – 160 Quarry Park Blvd. S.E., Calgary, Alberta, T2C 3G3, Attn: Jonathan M. Ablett, and all notices from us to you will be displayed on our website from time to time.
    3. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
    4. If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
    5. These terms and conditions, together with the Privacy Statement and any applicable Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
    6. You may not assign, sub-license or otherwise transfer any of your rights or obligations in these Terms of Useto any other person.
    7. The terms and conditions incorporated herein shall be construed in accordance with and governed by the laws in effect within the Province of Alberta. All proceedings relating to the Services or to this posting policy shall be brought before the courts of the Province of Alberta.
    8. The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
    9. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.