Last updated: 30 May, 2021
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY USING AND ACCESSING OUR WEBSITE YOU AGREE AND ARE BOUND TO THESE TERMS OF SERVICE.
Thank you for your interest in our online listings and reviews we are making available to you as part of our platform through this website www.caredupon.ca (the “Website”).
Our service makes available to you online listings, ability to view posted reviews and write reviews subject to our Review Guidelines (the “Services”), which we may update from time to time.
The entity providing the Services is Cared Upon Publishing Ltd. operating as CARED UPON, a company operating under the laws of British Columbia (referred to as “Cared Upon”, “we”, “us”, or “our”) located at 13401 108th Avenue, Suite 1450 Gateway Tower, Surrey, BC, Canada V3T 5T3.
Cared Upon reserves the right in its sole discretion to, change, modify, add, or remove portions of this Agreement at any time. Cared Upon will provide you with 30 days’ notice of any changes and such changes will take effect immediately after its publication in the Website. If after the publication of the changes you continue using the Services or the Website, such use implies your acceptance of our changes.
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. Any registration, access to or use of the Services by anyone under such age is unauthorized, unlicensed, and in violation of this Agreement. We have no obligation to confirm that you meet the eligibility requirements outlined above; however, we may, in our sole discretion, terminate your account and prohibit you from accessing or using the Services (or any portion thereof), with or without notice, if we have any reason to believe that you do not meet the eligibility requirements.
Our Website includes graphics, photos, text, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials. We offer online listings and facilitating reviews in accordance with this Agreement.
Your use of the Services will not require an account identifying you as a user, however in order to verify reviews we will collect information in accordance with our Review Guidelines.
In this Agreement, “Content” means all materials and content, including any videos, audiovisual materials, multimedia elements, sound recordings, music, designs, editorial, text, graphics, photographs, reports, documents, software, information, formulae, patterns, data and any other work available through our Services.
Except where expressly stated otherwise, all right, title and interest in and to the Services and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Services (collectively, “Our Content”) is owned and copyrighted by us and is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed to you subject to this Agreement and in accordance with its terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Services or this Agreement grants you any right, title or interest in or to Our Content except the limited right to use the Services as set out in this Agreement. You are not permitted to use trademarks, logos and service marks for any purpose. Except as expressly indicated on the website, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.
Content accessed or available through the Services or the Internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Services or this Agreement grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Services as set out herein.
All right, title and interest in and to comments, ideas, suggestions and impressions of the Services given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us you assign to us all right, title and interest to such Feedback.
Provided that you are eligible to use the Website, you are granted a limited license to access the Website for your commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Services. Without limiting the generality of anything else in this Agreement, you must only use the Services for lawful purposes, and if at any time you become aware of any violation, by any person or entity under your control, of any part of this Agreement, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
You may not, directly or indirectly, do or permit any of the following:
We reserve the absolute right to suspend or terminate your access to all or part of the Services if (a) we believe that you do not meet the eligibility requirements to use the Services; (b) you materially or repeatedly breach the Terms of this Agreement or we believe you are misusing the Services; (c) we are required to do so to comply with a legal requirement or a court order; or (d) we believe there has been conduct that creates (or could create) liability or harm us including but not limited to your infringement of our intellectual property.
You acknowledge and agree that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of the Content, information or material received, transmitted or sent by you using the Services.
YOU ACKNOWLEDGE AND AGREE THAT ALL USE OF THE SERVICES PROVIDED BY US IS AT YOUR OWN RISK. THE SERVICES PROVIDED UNDER THESE TERMS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE OR THAT THE CONTENT WILL BE FREE OR ERRORS OR OMISSIONS.
EXCEPT AS OTHERWISE SET OUT IN THIS AGREEMENT, WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SERVICES. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.
ADDITIONALLY, YOUR USE OF THE SERVICES DEPENDS ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES AND EQUIPMENT THAT IS NOT IN OUR CONTROL; ACCORDINGLY
(a) WE CANNOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE OR CONSISTENCY, AND
(b) DATA, MESSAGES, INFORMATION OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS NOT GUARANTEED.
EXCEPT AS REQUIRED BY APPLICABLE LAW, CARED UPON, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
IN NO EVENT WILL CARED UPON OR ITS AFFILIATES BE LIABLE FOR DAMAGES, EXPENSES, COSTS, LIABILITIES, SUITS, CLAIMS, RESTITUTION OR LOSSES.
These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with this Agreement.
If a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
Our failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Agreement. Our rights, powers and remedies in this Agreement, including without limitation the right to suspend, restrict or terminate your access to any portion of the Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
This Agreement and its Terms cannot be assigned by you. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives and successors.
All provisions that, by their meaning or nature, are intended to survive termination or expiry of this Agreement shall survive termination or expiration of this Agreement.
The Agreement, as amended from time to time, including any and all documents and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in this Agreement.
If you have any questions or concerns about this Agreement, please contact us by email at firstname.lastname@example.org