Terms of Service
These Terms are effective as of April 12, 2021.
These Terms of Service and Conditions of Use (“Terms”) govern the websites, online services, applications and software made available by us for use on personal computers, tablets and mobile devices, including but not limited to those listed here: https://happin.app/, https://www.crowdcore.com/, the “Happin” application, and the “CrowdCore” application (collectively the “Apps”). We offer the Apps, including all information, tools, and services available from the Apps to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms carefully before accessing or using our Apps. By visiting the Apps, accessing or using any part of the Apps, and/or purchasing a service from us, you engage in our “Services” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Apps, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of Content. If you do not agree to all the terms and conditions of this Terms, then you may not access the Apps or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
By using the Apps and thus or otherwise agreeing to these Terms, you represent that you are at least the age of majority in your province or place of residence, or that you are the age of majority in your province or place of residence and you have given us your consent to allow any of your minor dependents to use the Apps.
Questions about the Terms should be sent to us at email@example.com.
CHANGES TO THE TERMS
You can review the most current version of the Terms here at any time.
Any new features or tools which are added to the Apps shall also be subject to the Terms. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and/or changes to the Apps. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Apps or the Services following the posting of any changes constitutes acceptance of those changes.
The information and material on the Apps, and the Services may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Apps is restricted to users or unavailable at any time or for any period.
“Company”, “we”, “us", or “our” means Chumify Technologies Inc. whose registered office is at 45 perthshire st, Toronto.
“Content” means any text, graphics, logos, icons, images, photos, video, audio, sound recordings, musical works, works of authorship or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Apps.
“you” or “your” means the person accessing or using the Apps, the Services, or its Content.
You understand that your Content (not including credit card information), may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
ACCOUNT SET-UP AND SECURITY AND YOUR USE OF THE APPS
You are responsible for obtaining your own access to the Apps and for the App’s availability and performance. You are required to ensure that all persons who access the Apps through your internet connection are aware of these Terms and comply with them. You are responsible for any security breaches or performance issues relating to accessing the Apps. The Apps, including content or areas of the Apps, may require user registration (your “Account”). It is a condition of your use of the Apps that all the information you provide on the Apps is correct, current, and complete. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Content or comments.
You are responsible for maintaining the confidentiality of any passwords associated with your Account, designating those employees and representatives who are authorized to access the Account, and for activities that occur under your Account. If your username or password is lost or stolen, or if you believe that your Account has been accessed by unauthorized third parties, you are advised to notify us in writing, and should change your password at the earliest possible opportunity. Notwithstanding the forgoing, for clarity, we cannot and will not be liable for any loss or damage occasioned from your failure to comply with these Terms. Without limiting the generality of anything contained herein, you acknowledge and agree that under no circumstances will we be liable in any way for any of your acts or omissions including any damages of any kind incurred as a result of such acts or omissions.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are, and shall be, under no obligation (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; or (iii) to respond to any Comments.
Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Apps 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 Apps nor for any error, omission, infringement, defamatory statement, obscenity or inaccuracy contained in any such information.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
You represent and warrant that: (i) you are either the sole and exclusive owner of all Content uploaded, stored, posted, transmitted, displayed, or published or otherwise disseminated through the Apps, including without limitation, all files, text, graphics, logos, icons, images, photos, videos, sound recordings, musical works, works of authorship, or any other materials, or content, or you have all rights, licenses, consents and releases that are necessary to grant us the rights in the foregoing, as contemplated under these Terms and (ii) the uploading, storing, posting, transmitting, displaying, or publishing of the Content through the Apps does not and will not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person or entity.
By uploading any Content on the Apps, you hereby grant to us and our licensees a limited, non-exclusive, royalty free, perpetual, irrevocable right and license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute any and all Content submitted by you to the Apps or in connection with the Apps and other services. You agree that you waive all moral rights you may have in any such Content.
A copy of our software application(s) necessary to use the Apps is licensed, not sold, to you. We and our licensors own all right, title and interest in and to the Apps, including all intellectual property rights therein, and we retain ownership of all copies of the Apps even after installation on your computer, tablet or mobile device.
Subject to your strict compliance with these Terms and our other guidelines and policies, as such may be posted from time to time, we grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Apps in order to view Content uploaded and posted to the Apps, to listen to audio material streamed from the Apps and to share and download audio material using the features of the Apps where the appropriate functionality has been enabled by the user who uploaded the relevant Content.
In addition, if you register to use the Apps, and subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to: (i) submit, upload or post Content to the Apps strictly as permitted in accordance with these Terms; (ii) participate in the community areas and communicate with other members of the Apps community strictly in accordance with these Terms; and (iii) use the Apps and other services provided as part of the Apps strictly as permitted in accordance with these Terms.
The above licences are conditional upon your strict compliance with these Terms, including, without limitation, the following: (i) you must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Apps or any part of the Apps, other than by means of download in circumstances where the relevant user has elected to permit downloads of the relevant item of the applicable Content; and (ii) you must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Apps, except (a) where such Content is your Content, or (b) as permitted under these Terms, and within the parameters set by the applicable user.
The Apps and all content provided by the Apps is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled and/or licensed by us and/or our affiliates and related companies. Except as expressly granted to you in the limited license above, you have no right, title, or interest in or to the Apps, Services or to any Content on the Apps, and all rights not expressly granted are reserved by us. Any use of the Apps and/or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other intellectual property laws. Nothing contained on the Apps should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, logos, or other names, including but not limited to those identifying us and/or our affiliates and related companies or their respective products and services displayed on the Apps, without the express written consent of us or such third party that may own such trademarks, logos or other names displayed on the Apps.
If you believe that anything on the Apps infringes upon any copyright which you own or control you may file a notification of such infringement and send an e-mail to [firstname.lastname@example.org] or send a letter to:
Chumify Technologies Inc.
[45 perthshire st, Toronto]
Please include the following information with your notification: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Apps; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts and other messages related to the Apps and/or the Services, such as enhancements, offers, products, events, and other promotions. After downloading the Apps, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Apps, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at [email@example.com].
ACCURACY OF INFORMATION AND AVAILABILITY OF THE APPS
While we use reasonable efforts to include accurate and up-to-date information on the Apps, 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 the Apps is at your own risk and we may suspend or terminate operation of the Apps at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Material on the Apps is provided for your general information purposes only and to inform you about us and our products and news, features, services, and other websites, which may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purpose.
The Apps 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 the Apps at any time, but we have no obligation to update any information on our Apps. No specified update or refresh date applied on the Apps, should be taken to indicate that all information on the Apps has been modified or updated. You agree that it is your responsibility to monitor changes to the Apps.
While we make commercially reasonable efforts to ensure that the Apps are available, we do not represent, warrant or guarantee in any way the Apps’ continued availability at all times or uninterrupted use by you of the Apps.
PRODUCTS OR SERVICES
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 us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the Apps 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 Services will be corrected.
PAYMENT TERMS; MODIFICATIONS TO THE SERVICES AND PRICES
We may offer products and services for purchase on the Apps (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
Our refund policy can be found here and is 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 Services.
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 per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. If 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.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Apps. 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.
Certain content, products, and services available via the Apps may include materials from third parties.
Third-party links on the Apps 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.
THIRD PARTY SERVICE PROVIDERS
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Apps, the Services or its Content: (a) for any unlawful purpose under applicable law; (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 Services or of the Apps, other websites, or the Internet; (h) to collect or track the personal information of others or access content and data that is not intended for you; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) 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 Apps, the Services or its Content except as permitted by us under these Terms or as expressly provided under applicable law; (l) to attack the Apps via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; (m) to illicitly reproduce the TCP/IP packet header; (n) to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; or (o) to interfere with or circumvent the security features of the Services or the Apps, other websites, or the Internet. We reserve the right to prevent, suspend or terminate your use of the Services or the Apps for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APPS, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APPS IS AT YOUR OWN RISK. THE APPS, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE APPS, SERVICES OR ITS CONTENTS.
We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Apps will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Apps and your computer, Internet, and data security. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPS OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APPS OR TO YOUR DOWNLOADING OF ANY CONTENT OR MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDEMENTAL BREACH, DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE APPS, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY APP CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that you have the full power, right and authority to enter into these Terms. You further also represent and warrant that you are not currently subject to any third party terms which would have the effect of prohibiting your ability to enter into these Terms or in the event that you are subject to third party terms, such third party has previously agreed to allowing you to enter into these Terms, evidence thereof to be provided to us upon request.
You agree to indemnify, defend and hold the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, liabilities, costs, losses, damages or expenses, including but not limited to, reasonable attorneys’ fees and court costs, made by any third-party due to or arising out of your breach of these Terms or the polices they incorporate by reference, or your violation of any law or the rights of a third-party.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Apps, or when you delete and cease using the Apps.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Apps and/or the Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at [45 perthshire st, Toronto] and all notices from us to you will be displayed on the Apps from to time.
No waiver under these Terms is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
In the event that any provision of these Terms 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
The Apps and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule.
Any action or proceeding arising out of or relating to the Apps and under these Terms will be instituted in the courts of the province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
These Terms and any policies or operating rules posted by us on the Apps or in respect to the Apps and Services constitutes the entire Terms and understanding between you and us and govern your use of the Apps and the Services, superseding any prior or contemporaneous terms, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
You may not assign, sublicense or otherwise transfer any of your rights and obligations in these Terms to any other person.