Updated: July 11, 2016
IF YOU DO NOT AGREE TO OR UNDERSTAND ALL THE PROVISIONS, TERMS AND CONDITIONS SET OUT BELOW, THEN YOU MAY NOT ACCESS THE PLATFORM OR USE ANY OF OUR SERVICES.
“Customer” means a user whose primary purpose in accessing the Platform is to purchase or obtain goods or services made available by Merchants, or learning about the goods and services offered by Merchants.
“Content” means any content, whether created by Snappy or by a User, featured or displayed throughout the Platform, including but not limited to text, documents, information, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features and other materials that are available on the Platform.
“Merchant” whose primary purpose in accessing the Platform is to offer goods or services for sale to Customers, or to interact with Customers for the purpose of promoting goods or services.
The “Service” and “Services” include all functions and services provided directly by Snappy through the Platform, including but not limited to providing Content.
“Users,” including “You” and “Your” refers to the person, company or organization that has visited or is using our Platform and/or the Service, and includes both Customers and Merchants except where explicitly limited below.
Snappy provides Users with access to the Platform. Apart from facilitating the interactions of Users on the Platform, Snappy has no other role apart from providing and forwarding occasional information on products and services available through the Platform.
As more particularly set out below, Snappy, including its officers, directors, shareholders or employees, may not be held liable for the actions or omissions of any User of the Platform. We make no guarantees, representations or warranties, whether express or implied, with respect to the quality of any products or services offered, provided, purchased or exchanged by any User of the Platform.
Users are each independent agents acting in their own personal or corporate capacities, and not as employees, agents, or representatives of Snappy. Snappy does not make any warranty, guarantee or representation in relation to any products or services offered by Users of the Platform.
Users acknowledge that they are independent agents under the Agreement and no other relationship with Snappy is intended, including a partnership, joint venture, employer/employee, franchise or other special relationship.
By using the Platform and/or Service, Users agree to limit their legal remedies to claims against each other or any third parties, excluding Snappy, who may have caused Users harm or damages.
Users agree to indemnify and hold harmless Snappy from and against any and all claims and expenses, including legal fees and disbursements, incurred by Snappy arising out of Users’ use of the Platform and the Service, including but not limited to Users’ violations of any term of the Agreement.
In the event of any dispute between a User and another User (including, for example, a dispute between a Merchant and a Customer), Users shall grant Snappy a release from any and all claims, causes of action, demands and damages (actual and consequential) of every kind and nature whatsoever, known and unknown, arising out of or in any way connected with such dispute, the Platform or the Service.
By accessing the Platform, you represent and warrant that if you are an individual, you have capacity to enter into a binding contract, or, if you are accessing the Service or Platform on behalf of a corporation, partnership, or other entity, that you are authorized to enter into and bind that entity to a contract.
You represent and warrant that: (i) you have the authority to bind yourself to the Agreement; (ii) your use of the Platform and Service will be solely for purposes that are permitted by the Agreement; (iii) your use of the Service will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third-party; and (iv) your use of the Service will comply with all local, provincial/state and federal laws, rules and regulations, and with all Snappy policies.
You may not use the Platform in any manner that could damage, disable, overburden or impair our servers or network, or interfere with any other party’s use and enjoyment of the Platform or the Service. You may not attempt to gain unauthorized access to the Service or computer systems or networks through hacking, password mining or any other means. In addition to our rights pursuant to the Agreement, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce this Agreement.
In certain circumstances, Users may be asked to provide Content and/or Testimonials in order to improve the experience of using the Platform, provide constructive comments and feedback on their experience using the Platform, or purchasing goods and services from a specific Merchant. By submitting a Testimonial, Users agree that Snappy may publish the Testimonial in a public manner.
Snappy shall not be under any obligation to make any Content or Testimonial public. Testimonials will only be published publicly at the discretion of Snappy.
You agree that you will not under any circumstances use the Platform to transmit any Content that:
Users under the age of 18 are not permitted to engage any of the social functions available on the Platform, including live-chatting with other Users, and must have the express consent of a parent or legal guardian to access and use the Platform.
Users under the age of 14 are not permitted to access the Platform under any circumstances. Any account created by a User under the age of 14 will be immediately deleted by Snappy without notice.
We reserve the right but not the obligation to, in our sole discretion, determine whether any User conduct is appropriate and complies with the Agreement, or terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.
Snappy respects others’ intellectual property rights and we require Users to do the same.
We may terminate a User’s access to the Platform if we determine that a User infringes on others’ copyrights or other intellectual property rights (including our intellectual property rights or the intellectual property of Merchants).
Snappy retains ownership of all intellectual property rights of any kind related to the Platform and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Platform and the Service may be the trademarks of Users and third parties. The Agreement does not transfer from us to Users any intellectual property whatsoever, and all right, title and interest in and to such property will remain solely with the original owner. We reserve all rights that are not expressly granted under the Agreement.
Except for marks directly owned by and identified with Merchants, Snappy and all other identifying marks, proprietary marks, or trademarks that appear, are displayed or are used on the Platform or as part of the Service are registered or common law trademarks of Snappy Innovation Inc. These marks may not be copied, downloaded, reproduced, used, shared, stored, modified or distributed in any way without our prior written permission.
We use electronic means to stay in touch with Users, including text messages and app notifications.
Users may cancel this Agreement at any time by discontinuing their use of the Platform and the Service.
Snappy may terminate Users’ access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately for any reason deemed appropriate in our sole discretion.
Snappy provides the Platform, the Content and the Service "as is," without warranty of any kind. We make no express or implied warranties or guarantees about the Service to Users. To the maximum extent permitted by law, Snappy expressly disclaims all warranties, whether express, implied or statutory, with respect to the Platform and the Service including, without limitation, any warranties of merchantability, of satisfactory quality, reliability, fitness for a particular purpose, title, security, accuracy and non-infringement related to the Platform and any goods or services made available to Customers therein.
Snappy makes no representation or warranty to Users that the information we provide or that is provided through the Platform is effective, accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location; that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Users assume full responsibility and risk of loss resulting from any use of information, Content or other material obtained from the Platform or the Service.
Snappy will not be liable for any damages or losses arising from your use of the Platform or arising under the Agreement. To the maximum extent permitted by applicable law, in no event will Snappy be liable to you for any loss of profits, interruption to business, harm to reputation, use of data, or for any incidental, direct, indirect, special, consequential or exemplary damages, however arising, that result from (i) your use or inability to use the Service; (ii) the Service generally or the software or systems that make the Service available via the Platform; or (iii) any interactions with other Users, be they Merchants or Customers, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Snappy has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. Snappy will have no liability for any failure or delay due to matters beyond our reasonable control, including the failure of any integrated or ancillary third-party service used in conjunction with the Service.
The Agreement and any access to or use of the Platform or the Service shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario.
In the event a Customer wishes to challenge or dispute any charge made to his or her credit card arising from use of the Platform, the Customer must first contact the applicable Merchant and advise the Merchant of the basis for disputing the charge. The Customer agrees to wait at least 10 business days after contacting the Merchant to allow the Merchant to respond before contacting the Customer’s credit card company to request the recall or modification of the disputed charge.
If any claim, dispute or controversy occurs between a User and Snappy relating to the interpretation or implementation of any of the provisions of this Agreement, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge of the Superior Court of Justice (Ontario) in Toronto upon the application of any of the parties. Arbitration shall be held in the City of Toronto. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding.
To the extent permitted under applicable law, and except where explicitly prohibited under statute, Users hereby waive any right they may have to commence or participate in any class action lawsuit against Snappy, including its officers, directors, shareholders, employees, affiliates, or agents, related to any claim, dispute or controversy arising out of or related to the Agreement. Where applicable, Users hereby agree to opt out of any class proceeding against Snappy otherwise commenced.
If any portion or provision of the Agreement shall to any extent be declared illegal or unenforceable at law, then the remainder of this Agreement, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law.
The headings, captions and summaries in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.
Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in the Agreement or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.