Last modified: June 7, 2024
Introduction
These Terms of Use (this “Agreement”) constitutes a legally binding contract between ETAG Solutions Inc. (“ETAG”, “we”, “us”, or “our”) and you (the “User”, “you”, or “your”) with respect to your use of the ETAG mobile application (the “Platform”) and the content, information, and services provided through the Platform.
It is important that you carefully read and understand the terms and conditions of this Agreement and our Privacy Policy. By downloading, accessing, or using the Platform, you agree to be bound by this Agreement and the Privacy Policy https://e-tag.ca/privacy-policy/. If you do not agree to the terms and conditions of this Agreement or our Privacy Policy, then you must not access or use the Platform or the services it offers.
1. Protecting Your Privacy
Personal information provided by you or collected by us in connection with your use of the Platform will be collected, used, and disclosed pursuant to the terms of our Privacy Policy, which is incorporated by reference and available at https://e-tag.ca/privacy-policy/.
2. Modifications
We reserve the right to, at any time, change the terms and conditions of this Agreement, change the Platform, including eliminating or discontinuing any feature of the Platform, or deny or terminate your use of and/or access to the Platform.
We also reserve the right in our sole discretion to revise and update the terms of this Agreement from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. If we make material changes to this Agreement, we will notify you through a notice on the Platform or by direct communication to you. The date that this Agreement was last revised is identified at the top of this Agreement. You agree to periodically review this Agreement in order to be aware of any such modifications, and your continued use shall be your acceptance of these modifications.
3. Disclaimers
THE PLATFORM, THE CONTENT, AND THE SERVICES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, INTERNATIONAL EPAPER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OR MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. INTERNATIONAL EPAPER DOES NOT WARRANT THAT THE PLATFORM, OR ANY SERVICES AVAILABLE THROUGH THE PLATFORM, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKES THE PLATFORM AND SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
INTERNATIONAL EPAPER DOES NOT REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, SERVICES, MERCHANDISE, OR OTHER INFORMATION PROVIDED THROUGH THE PLATFORM OR ON THE INTERNET GENERALLY. INTERNATIONAL EPAPER CANNOT, AND DOES NOT, GUARANTEE YOUR SATISFACTION WITH YOUR USE OF THE PLATFORM. IN NO EVENT WILL INTERNATIONAL EPAPER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE PLATFORM.
4. User Licence
We grant you a limited, non-exclusive, non-transferable, non-sublicensable right and licence to access this Platform for the purpose of accessing and using the services offered through the Platform. Except with the prior and express consent of ETAG, any use of the Platform not explicitly granted in this Agreement, including for commercial, market research, promotional, or competitive purposes, is strictly prohibited. We reserve the right to pursue legal and equitable remedies against you for a breach of these licence terms.
Except as expressly permitted by this Agreement, you may not modify, reproduce, distribute, publish, reverse-engineer, create derivative works out of, decompile, deep link, publicly display, or otherwise exploit for any purpose, the Platform or the intellectual property of ETAG, or any portion thereof. You may not remove, alter, or reuse in any manner or for any other purpose, any copyright, trademark, or other proprietary notices that have been placed on the Platform. You may not collect and use any pictures or descriptions within the Platform for any commercial purpose. All rights not expressly granted to you by this Agreement remain the property of ETAG and/or its licensors and suppliers.
5. User Account
You can create an account on the Platform in order to use the services it offers, such as managing and updating product and pricing information, interacting with other users connected to your store’s master account, and purchasing a product. You agree that you will only register and use one (1) user account. You are responsible for ensuring the accuracy of your information.
You authorize us to make any inquiries, directly or through third parties, we consider necessary to validate your identity. This may include asking you for further information or verifying information against third-party databases or through other sources.
Any username and password chosen by or provided to you must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information. You agree not to provide any other person with access to the Platform or portions thereof using your username or password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.
6. Payment
You may elect to purchase additional functions or features, including premium subscriptions, from the Platform. All billing and transaction processes are handled by the provider of the application store (the “App Store Provider“) from which you have downloaded the Platform and are governed by the App Store Provider’s terms and conditions. If you experience any payment-related issues, please contact the App Store Provider directly.
Premium subscriptions will automatically renew annually unless cancelled in advance of the renewal date. If you have purchased a premium subscription, you are responsible for keeping your payment information up to date with the App Store Provider. If your payment information is not kept up to date or your payment cannot be processed, your premium subscription will be cancelled, and you may lose access to certain Platform functions or features.
Subject to the policies of your App Store Provider, all purchases made through or in relation to the Platform are final with no refunds.
7. Our Communications with You
You will receive transactional confirmations and communications from us in connection with your use of the Platform. When you register with the Platform, we will also provide you with the option to opt-in to receive additional marketing and promotional communications from us regarding customer service and promotional matters. You may opt-in or opt-out of these marketing or promotional communications by changing your settings in the Platform or using the unsubscribe mechanism provided in these communications. You may not opt-out of receiving transactional communications sent to you in connection with your use of the Platform or interactions with us.
8. Third-Party Websites and Links
For your convenience, the Platform may provide links to third-party websites or mobile applications. We make no representations about any other websites that may be accessed from the Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
You may not create a link to any part of our Platform other than the homepage without our prior written consent. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with this Agreement. You agree to cooperate with us by immediately stopping any unauthorized framing or linking.
9. User Content and Feedback
You may provide information, documents, or content to be published or displayed (hereinafter, “post”) on public areas of the Platform or to be transmitted to other users of the Platform or third parties (collectively, the “User Content”). By posting any User Content to or through the Platform, subject to our Privacy Policy, you grant us and our affiliates and service providers, and each of the parties’ respective licensees, successors, and assigns, the right to a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and/or to incorporate such material into any form. You confirm that you own or have the necessary rights to post the User Content and have the right to grant the licence provided in this Agreement. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Platform.
We welcome feedback, comments, and suggestions from you to improve our Platform and the services it offers (“Feedback”). When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable licence (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
10. Termination or Deactivation of User Account
You may close your account at any time by logging in to your account and following the instructions for account closure. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited, so please ensure that all product deliveries are completed before closing your account.
We reserve the right to restrict or remove your access to the Platform, including disabling, suspending, or terminating your account, in our sole discretion at any time and from time to time, for any or no reason, including any violation of any provision of this Agreement. Without limiting the foregoing, you acknowledge and agree we may elect to terminate your account if you do not log in to your account for a period of two years.
11. Content Rights and Ownership of Intellectual Property
All content provided or otherwise made available by ETAG through the Platform, including, but not limited to, text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Platform, as well as their overall design and appearance (the “Content”) is owned, controlled, and/or licensed by or to ETAG and is protected by intellectual property rights and unfair competition laws in Canada.
All trademarks, service marks, trade names, logos, and graphics (the “Marks”) used in or on the Platform are registered or common law trademarks owned or licensed by ETAG for use in Canada. You may not make any use of any Marks or Content without the prior written consent of ETAG.
12. Code of Conduct
You acknowledge and agree that you will not:
- (a) use the Platform for any commercial purpose or for the benefit of any other person or entity, including by offering, selling, renting, hosting, or otherwise commercially exploiting the foregoing;
- (b) copy, reproduce, duplicate, archive, store (other than standard browser caching), download, publish, license, distribute, publicly perform or display, frame, stream, modify, translate, or make derivative works of the Platform or any content available on or through the Platform;
- (c) use any bots, robots, spiders, crawlers, or similar data mining, gathering or extraction tools or code, whether automated, programmed or manual, to access, use, copy from, or otherwise interact with the Platform or to probe, scan or test the vulnerability of the Platform and any related networks, systems, servers and equipment;
- (d) interfere with the Platform, including by uploading or disseminating any virus, malware, ransomware, spyware, worms, or other software or code malicious or disruptive code;
- (e) take any action that imposes or is designed to impose an unreasonable burden or load on the Platform or any related systems, networks, servers, or equipment;
- (f) allow another person or entity to use your account login credentials or access your account; or
- (g) provide any false or misleading information to us or on your account.
In connection with your use of the Platform or posting of any User Content, you agree and confirm that your use of the Platform and any User Content will not:
- (a) violate any applicable laws, the rights of any third party, this Agreement, or our Privacy Policy;
- (b) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion;
- (c) involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
- (d) involve, provide, or contribute any false, inaccurate, or misleading information;
- (e) include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with this Agreement;
- (f) impersonate or attempt to impersonate ETAG, an ETAG employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
- (g) transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
- (h) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm ETAG or users of the Platform or expose them to liability;
- (i) promote any illegal activity, or advocate, promote, or assist any unlawful act; or
- (j) give the wrongful or misleading impression that it originates from or are endorsed by us or any other person or entity.
13. Copyright Infringement
If you believe that any content that resides or is accessible on or through the Platform infringes a copyright, please send a notice of copyright infringement (the “Copyright Notice”) containing the following information to ETAG:
- (k) the claimant’s name and address and any other particulars that enable communication with the claimant;
- (l) identification of the work or other subject matter to which the claimed infringement relates;
- (m) a statement of the claimant’s interest or right with respect to the copyright in the work or other subject matter;
- (n) the URL to which the claimed infringement relates;
- (o) specification of the infringement that is claimed; and
- (p) specification of the date and time of the commission of the claimed infringement.
The Copyright Notice may not contain an offer to settle the claimed infringement, including by way of hyperlink to such an offer, or a request or demand made in relation to the claimed infringement, including by way of hyperlink, for payment or for personal information. If the notice is non-compliant with the foregoing requirements, ETAG is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.
If a proper bona fide infringement notice is received by ETAG, it is ETAG’s policy to: (i) remove or disable access to the infringing material; (ii) and/or to notify the content provider, member, or user that it has removed or disabled access to the material.
Notice of claims of copyright infringement should be provided to ETAG via email to [email protected] or via mail to the following address:
ETAG Solutions Inc.
3738 N Fraser Wy #105,
Burnaby, BC V5J 5G7, Canada
14. Limitation of Liability
To the extent allowable by law in the applicable jurisdiction, you agree that ETAG and its subsidiaries, affiliates, directors, officers, employees, representatives, suppliers, licensors, and licensees shall not be liable to you for any damages of any kind arising from your access to or use of the Platform, the services, or your reliance on any Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential, or punitive damages.
15. Indemnity
You agree to indemnify, defend, and hold ETAG and its subsidiaries, affiliates, directors, officers, employees, representatives, suppliers, licensors, and licensees harmless from any damages, loss, liability, costs, and expenses (including reasonable attorney fees) incurred in connection with any third party claim or demand due to or arising out of your access or use of the Platform, your breach of this Agreement, and/or your violation of any law or the rights of such third party.
16. Miscellaneous
Mobile and Other Charges
You are responsible for all mobile, data, cable, or other internet service provider charges incurred by you for connecting to the Platform and using the services it offers.
Complete Agreement
This Agreement, along with any applicable policies and agreements on ETAG’s website or Platform, including the Privacy Policy, sets forth the entire understanding between you and ETAG with respect to ETAG’s services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
Assignment
You may not transfer any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation hereunder at any time.
Governing Law
This Agreement and your use of our Platform shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any dispute arising under this Agreement shall be resolved exclusively by the courts located in the City of Vancouver in the Province of British Columbia.
Contact
Any questions or concerns about the services provided through the Platform or the Platform itself can be directed to us via email at [email protected] or via mail to the following address:
ETAG Solutions Inc.
3738 N Fraser Wy #105,
Burnaby, BC V5J 5G7, Canada