TERMS AND CONDITIONS OF USE
EFFECTIVE DATE: JUNE 8, 2021
IMPORTANT: BY DOWNLOADING, ACCESSING OR USING THE CASHEW MOBILE APPLICATION (“APP”), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE, AND THAT YOU UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THEIR CONTENTS. IF YOU DO NOT AGREE TO THE FOREGOING, YOU MAY NOT DOWNLOAD OR USE THE APP.
The App consists of various graphics, texts, icons and buttons that have been provided to us and/or other entities under our direction (e.g. application designers) or from whom we have a licence or permission. All such content is owned by us or by the applicable third party entity. For greater certainty, Cashew Corp. and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the App, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names, information and software (collectively, the “App Content”). You hereby acknowledge that the App Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the App does not grant or transfer to you any ownership or other rights in the App or the App Content, and except as expressly provided, nothing herein or within the App shall be construed as conferring on you or any other person any license under any of Cashew Corp.’s or any third party’s intellectual property rights. Any rights not expressly granted to you in this Agreement are expressly reserved by Cashew Corp. or the applicable third party entity. For greater certainty, you agree that you will not take any action that is inconsistent with Cashew Corp.’s ownership of the App and/or Cashew Corp.’s ownership of, or any third party’s ownership of, any App Content. You are hereby expressly prohibited from removing any proprietary notice of Cashew Corp., or any third party, from any copy of the App or App Content.
- License and conditions
Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to install and use one (1) copy of the App on your iOS compatible mobile device. Subject to the terms and conditions in this Agreement, Cashew Corp. hereby grants you a limited, non-exclusive, non-transferable, royalty-free and revocable license to make personal and non-commercial use of the App and its App Content on a single mobile device in executable, object code format only. For greater certainty, this limited license only allows you to use the App for your own personal and non-commercial purposes. This limited license does not include any rights not specifically enumerated herein. You agree not to take or permit any action with respect to the App that is not expressly authorised hereunder.
Without limiting the generality of the foregoing, as a condition of this license, you acknowledge and agree that:
- you will not download, reproduce, modify, copy, resell, distribute, transfer, or use for any commercial or non-commercial purpose any Intellectual Property or other content appearing on the App;
- you will not: (i) reverse engineer, disassemble, decompile, alter, or translate the App or any of its content; (ii) attempt to derive the source code of the App; (iii) create any derivative work from the App; and/or (iv) authorize or assist any third party to do any of the foregoing;
- you will not rent, lease, loan, resell for profit, or distribute the App, or any part thereof;
- you will not remove or alter any proprietary notice or legend regarding our, or any third party’s, proprietary rights in the App or any of its content;
- you will at all times use the App except in accordance with the terms of this Agreement and with all applicable laws or regulations;
- you will not use the App: (i) to defraud any third party; (ii) to distribute, post or transmit any unlawful, threatening, libelous, defamatory, obscene or other materials or information; (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to civil liability; (iv) to commit unauthorized intrusions into any part of the App or related systems which are restricted from general access; (v) to circumvent security provisions in order to improperly access the App; (vi) to upload, post or transmit through or on the App any viruses or other harmful, disruptive or destructive files; (vii) in any other manner so as to interrupt or interfere with the access to and/or usage of the App by another person.
Users are advised that any evidence of the possible use of the App for illegal or restricted purposes will be provided to competent authorities.
- Software Updates
Updates made available for the App should be installed promptly. Updating the App may require you to update the operating system of your mobile device in order to be able to continue using the App.
To the full extent permitted by law, we shall not be held responsible for errors affecting the App or for any damage arising from the fact that you have not or not fully downloaded and/or installed available updates of the App. We will make reasonable efforts to inform you on the availability of updates to the App.
- Registration and Account Security
The App and certain features thereof may be password-protected and may require you to complete a registration process in order to obtain access to and/or otherwise use the App or such features. When registering for an account, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information as it changes. In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your account and prevent you from using the App, or any such features of the App. It is your responsibility to keep the password and other information provided to you confidential and secure. Users acknowledge and accept that they are responsible for authorizing, monitoring, and controlling access to and use of the App, including the username and password, from their registered mobile device. Users agree to take all reasonable steps to ensure that no unauthorized person shall have access to the username or password related to the App.
In the event that your password and/or account are used without your consent or that you discover any other breach of security, you agree to promptly notify us at email@example.com. To the extent permitted by law, we are not responsible for your failure to comply with this section, or for any delay in shutting down your account and/or access to the App or any component or feature thereof after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your account.
- Internet connection
The provision of the App does not include the provision of a mobile telephone or handheld device, internet access, data, or other equipment or services necessary to access or use the App.
Users are solely responsible for obtaining the devices and/or and service plan required to use the App, and for bearing any costs associated therewith. You acknowledge that the terms of any agreement(s) between you and your mobile network provider (“Mobile Provider”) will apply when you use the App. As a result, you may be charged by the Mobile Provider or other third parties for access to network connection or mobile data while using the App. You accept responsibility for any such charges that arise. If you are not the named account holder for the mobile telephone or device being used to access the App, you will be assumed to have received permission from the named account holder for using the App.
- Disclaimer and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT WHERE PROHIBITED BY LAW FOR USERS RESIDING IN THE PROVINCE OF QUEBEC, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY AND ACCURACY WITH RESPECT TO THE APP.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT WHERE PROHIBITED BY LAW FOR USERS RESIDING IN THE PROVINCE OF QUEBEC, WE MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE APP WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE APP WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE APP WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE APP WILL BE SECURE; (V) THE USE OF THE APP WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE APP WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE APP ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE APP IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
At Labtician’s request, you agree to defend, indemnify, and hold harmless Labtician, its parent and other affiliated companies, and their employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including legal fees and disbursements) that arise from your use or misuse of the App, violation of this Agreement, or violation of any rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise, in which event you will cooperate in asserting any available defenses. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property right, we will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- Termination and modification
We may, in our sole discretion, alter, change, update, suspend, discontinue, eliminate, cancel or terminate, temporarily or permanently, the App or any part thereof or any of its features at any time and for any reason, with prior written notice to you. For users in the province of Quebec, such notice will be sixty (60) days before the termination effect.
If this Agreement or your permission to use the App is terminated by us for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the App and anything relating to or arising from such use. If you are dissatisfied with the App, then your sole and exclusive remedy is to discontinue using the App.
- Trade-Marks and Copyright
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the App, may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Cashew Corp. or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by Cashew Corp. are the property of their respective owners, and, where used by Cashew Corp. are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this App may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). Users agree that you will not take any actions inconsistent with Cashew Corp’s ownership of, or any third party’s ownership of, the Trade-marks. Users are advised that Cashew Corp. will enforce its intellectual property rights to the fullest extent of the law, which may result in any consequences and penalties provided for by the law.
- Linked Applications and Web Sites
The App may contain links to other applications or websites which operated by third parties. These links are provided for convenience or informational purposes only, and should not be interpreted as an endorsement or approval by us of the content or party associated therewith. Users acknowledge that using a link will cause them to leave the App, and that they do so at their own risk. We do not review third party applications or websites and are not responsible for them or for any of their content. We make no representation, warranty or condition regarding these third party applications or websites and cannot guarantee the accuracy, truthfulness, completeness or appropriateness of the content provided thereby, nor can we ensure that the content of any such application or website is suitable or fit for the needs of any given individual. Users are responsible for evaluating the content of each third party application or website to which it may be directed and for determining whether said content suits the individual needs, interests, or limitations of said user. Any reliance you place on such content, reminders, notifications or suggestions is strictly at your own risk. In using the App, you acknowledge and agree that we are not responsible for any third party application or website, nor for the content of the same.
To the greatest extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such third party content by you or any other user of the App, or by anyone who may be informed of any such content.
- Modification of Agreement
For users who are individuals residing in the province of Quebec: we will provide notice of such amendment at least thirty (30) days before the amendment comes into force. This notice will contain exclusively the new clause, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment. Where provided by law, you may refuse the amendment and cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than thirty (30) days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in ours. Your continued use of the App following the date stated in the notice means that you accept and agree to the changes.
To the extent that we translate this Agreement into other languages for your convenience or as required by applicable law, the English version governs your relationship with us, and any inconsistencies between the different versions will be resolved in favour of the English version.
- Governing Law and Jurisdiction
For users other than individuals residing in the province of Quebec: this Agreement, your use of the App, and all related matters shall be governed solely by the laws of the Province of Alberta, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta in the City of Calgary in relation to all disputes arising from or related to this Agreement, your use of the App and any related matters.
For users who are individuals residing in the province of Quebec: this Agreement, your use of the App, and all related matters shall be governed solely by the laws of the Province of Quebec, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal in relation to all disputes arising from or related to this Agreement, your use of the App and any related matters.
We will make reasonable efforts to make available all of the functionalities and services offered by the App. However, technical difficulties may arise, and may temporarily interrupt such availability. We are not responsible for any such difficulties or the interruptions that they may cause.
If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
Users acknowledge and agree that they shall not be entitled to withdraw payments that have been earned and accrued to their benefit while using the App until such time as they have earned a minimum of CAD $10.00, following which Users may request payment from Cashew in an amount no less than CAD $10.00. All payments made to Users by Cashew shall be conducted using Interac e-Transfer, or such other payment method that Cashew, in its sole discretion acting reasonably, determines is functionally equivalent to Interac e-Transfer.
Users acknowledge and agree that to request a payment from Cashew they are required to make such payment request through the App, and in order to receive the payment, Users will need to follow the instructions sent to the email address that they have provided to Cashew when creating their User account. If a User does not have Autodeposit feature of Interac e-Transfer enabled, Users may need to enter the unique security answer which is provided in the App. Cashew does not charge Users a fee to make a payment using Interac e-Transfer, however all such payments are subject to the other terms and conditions applicable to Interac e-Transfers.
Pursuant to the terms of Interac e-Transfers, undeposited Interac e-Transfers expire after 30 days if not claimed by the recipient. If this occurs, Cashew will resend the Interac e-Transfer for the requested payment one additional time [within one (1) business day in the City of Calgary, Alberta following such expiry] at the email address provided by the User. If the second Interac e-Transfer sent by Cashew to the User expires, Cashew will not send a further Interac e-Transfer until the User undertakes a new request for payment using the App.
- Improper Use of the App
It is a strict term of the App that the User is limited to using a single account and does not use automated devices or third parties to use the User’s profile on the App or create multiple accounts. Each User acknowledges and agrees that creating multiple accounts and the use of automated devices to complete surveys or questionnaires on the App is prohibited and they shall only use the App under a single account and in their personal capacity and shall not grant access to their profile to any third party. Any User in violation of having multiple accounts or an automated device or third party access its profile on the App, or any User profile that Cashew reasonably suspects is a duplicate account or being used by an automated device or third party (or otherwise has been compromised or impairs the administration, security, fairness or proper use of the App), shall be subject to immediate suspension of their profile on the App and shall forfeit all accrued but unpaid amounts owing to the User by Cashew.
- Contact Us
If you have any issues and/or questions with respect to this Agreement or any other questions regarding the App, you may contact us at Adelyn Graves or Rose Wong at firstname.lastname@example.org.
- Apple Store Terms
Cashew Corp. shall be solely responsible for providing any maintenance and support services with respect to the App, as specified herein. You and Cashew Corp. acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
You acknowledge and agree that Apple shall not be responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the App or your possession and use of App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. or Canadian Government list of prohibited or restricted parties.