By downloading the Mobile Application, you indicate your agreement to these terms and conditions. These Terms and Conditions and any documents referred to herein set out the terms and conditions on which you are permitted to use our application “TOO FRESH” (our Application) and www.toofresh.ca (Our Website). By using, you agree to be bound by, and to comply with, these Terms and Conditions. These Terms and Conditions are effective from 6th April 2023.
The following terms and conditions apply to all the users and customer (hereinafter referred to as “you”) with TOOFRESH hereinafter referred to as “TOOFRESH”, “us” or “we”, website and mobile Application.
TOOFRESH (we, our and us) operates www.toofresh.ca and the Application.
TOOFRESH is based in Canada. Our registered address is Toronto, ON, Canada.
Our email address is [email protected].
TOOFRESH is compliant with the 2018 E.U. GDPR
The Application is available free for download, you can use the Application Services free. However, to avail complete services such as games you shall have to purchase paid services by visiting the purchase page of application, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms.
MODIFICATIONS IN TERMS AND CONDITIONS:
We reserve the right to update these Terms and Conditions and any other documentation referred to in any of these documents from time to time. We may change our Terms and Conditions and other documentation for any reason, including:
· To reflect any changes in the way we carry out our business;
· To account for any changes, we make to our application and website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the Application;
· To accurately describe our current data-processing activities so that you are kept up to date with our latest practices;
· To ensure, that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
We shall not be liable to you or any third-party for any modifications.
PERMITTED USE OF MATERIALS:
The content on our application and website is provided for your personal, private, and non-commercial use only. You may share the content from our application for lawful personal, private, and non-commercial purposes, and you may also make others within your organization aware of the content on our application. You may not otherwise extract, reproduce or distribute the content of our application without our prior written consent.
Whenever you pass on any content or materials from our application to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.
You must not reproduce duplicate, copy or resell any part of our application, website or any content from our application, save and except to the extent expressly permitted in these Terms and Conditions.
You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our application or any part of it, our systems, any of our hardware or equipment or any networks on which our application is hosted, any software that we use to create or modify the Application or to make the Application available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.
You must use our application for lawful purposes only and in accordance with these Terms and Conditions. You must not use our application:
For any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
For any fraudulent purposes whatsoever;
To conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorized by us;
To upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the application and website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;
You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
To communicate with, harm or attempt to harm in any way; or
In any way or for any purpose that breaches these Terms and Conditions or the terms of any of the documents these Terms and Conditions refer to.
You must not submit any information about you to us if you are under the age of 16, or about any other person who is either:
· Under the age of 18; or
· If they are aged 18 or above, where you have not received their prior written consent to submit information about them to us.
You must not submit to us any information which is considered ‘sensitive personal information’. ‘Sensitive personal information’ is information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.
For using the complete services of the application and website, you must register an account. If we provide you with account information such as a user name, identification number, account code, and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorized access to your account due to any disclosure of your account information to any third party.
We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms and Conditions or any other document referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account or any unauthorized disclosure of your login information.
LINKS TO OTHER APPLICATIONS:
Links to third party content or Applications may appear on our application and website from time to time. We are not responsible for the content of any Applications accessible via any link(s) on our application. All content on third party Applications is outside of our control, and we do not represent or warrant that such content is related to us or our application, suitable or appropriate for use or viewing, lawful or accurate.
AGE RESTRICTIONS ON USE OF OUR APPLICATION:
Our application and any services available on or via the Application are not intended for use by individuals under the age of 18.
IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OUR APPLICATION, PURCHASE, OR ATTEMPT TO PURCHASE ANY OF OUR SERVICES OR SUBMIT ANY INFORMATION ABOUT YOU OR ANYONE ELSE TO US.
We do not knowingly or intentionally process information about any individual under the age of 18.
AVAILABILITY OF OUR APPLICATION:
We make no representations and provide no warranties that:
The Application will be made available at any specific time or from any specific geographical location; your access to the Application will be continuous or uninterrupted; or
The Application will be accessible or optimized on all browsers, computers, tablets, phones, or viewing platforms.
We reserve the right to suspend access to all or part of the Application for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Application, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the Application for a considerable period of time, we will try to provide you with prior notice; where reasonably practicable.
THE APPLICATION IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
· THE SERVICE;
· THE APPLICATION CONTENT;
· USER CONTENT; OR
· SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE APPLICATION.
IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS AND CONDITIONS.
BY ACCESSING OR USING THE APPLICATION YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
LIMITATIONS OF LIABILITY:
OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, FOR SERVICES PURCHASED VIA THE APPLICATION.
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
a) YOUR USE OF OUR APPLICATION;
b) ANY CORRUPTION OR LOSS OF DATA;
c) ANY INABILITY TO ACCESS OUR APPLICATION, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR APPLICATION (FOR ANY REASON WHATSOEVER);
d) ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR APPLICATION, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
e) ANY LOSS OF SAVINGS;
f) ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,
AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME AND SHALL BE LIABLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY APPLICATION, SERVICE, PROPERTY, OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY APPLICATION, PROPERTY, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
To the extent that any of the provisions of this clause are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.
If an arbitrator or court decides that any provision of this Agreement is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this Agreement so as not to cause the invalidity or unenforceability of the remainder of this Agreement. All remaining provisions of this Agreement shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
The copyright in these Terms and Conditions is either owned by or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our application, including any content on our application and website, are reserved.
GOVERNING LAW AND JURISDICTION:
These Terms and Conditions, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of the Canada.
If you have any questions regarding these terms and conditions of this Application, please contact us by any of the following means;
Email: [email protected]
Address: Toronto, ON, Canada.