Terms of Service and License Agreement
Effective as of May 26, 2018
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT
These terms and conditions (the “T&C“) govern the access or use by you, an individual, from within Canada of applications, websites, content, products, and services (the “Services“) made available by 2Clicks Ltd, a private limited liability company established in the province of Ontario, having its offices at 45 Horne avenue (“2Clickss“, “we“, “us“, or “our“). You may access the Services provided by us through 2Clicks.ca website (the “Site“) and/or the mobile application (the “App“).
You must agree to the T&C in order to use the App, the Site and/or the Service. If you use the App, the Site and/or the Service, or click to accept or agree to the T&C if presented to you in a user interface for the Service, we will understand this as your acceptance of the T&C and your agreement to all of its terms and conditions. By accepting the T&C or using the App, the Site and/or the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept the T&C, then you may not use the App, the Site or the Service and you must discontinue all use of the Service immediately. If you are using the Service on behalf of your employer or another entity, you represent and warrant that you have the full legal authority to bind your employer or such other entity to the T&C. If you do not have such authority, then you may not use the Site or the Service on behalf of your employer and you must discontinue all use of the Service immediately.
We may at any time, and from time to time, update the T&C. The latest version of the T&C would be available on the App and/or the Site. However, 2Clicks is under obligation to notify you of any amendments to the T&C, including any amendments that may impact your rights under the T&C and our ability to disclose the information you provide to us, and you understand and agree that you will be deemed to have accepted the updated T&C if you continue to use the App, the Site or the Service after the T&C have been amendment. If at any point you do not agree to any portion of the T&C then in effect, you must immediately stop using the App, the Site and the Service.
The Services constitute a technology platform that enables users of the App and the Website to arrange and schedule computer repair and peripheral device repair services with independent third party providers of such services, including independent third party computer technical service providers under agreement with 2Clicks (“Third Party Providers”). Unless otherwise agreed by 2Clicks in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT 2Clicks DOES NOT PROVIDE COMPUTER TECHNICAL AND REPAIR SERVICES OR FUNCTION AS A TECHNICAL AND REPAIR SERVICE FOR COMPUTERS AND THAT ALL SUCH TECHNICAL AND REPAIR SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY 2Clicks.
Provision of the Service
You are responsible for any internet connection and telecommunications fees and charges that you incur when accessing the App, the Site and the Service. You acknowledge and agree that 2Clicks may make changes to the App, the Site and/or the Service at any time and at its sole and absolute discretion without notifying you.
By creating an Account, you agree that the 2Clicks or the Third Party Provider may send you text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving text (SMS) messages from 2Clicks. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Service.
2Clicks may, in 2Clicks’ sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to the Service and/or a Third Party Provider’s services, subject to any additional terms that 2Clickss establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by 2Clicks; (iii) may be disabled by 2Clicks at any time for any reason without liability to 2Clicks; (iv) may only be used pursuant to the specific terms that 2Clicks establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. 2Clicks reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that 2Clicks determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these T&C.
Termination of Service
2Clicks reserves the right to deny service to any person or entity at 2Clicks’ sole and absolute discretion. You acknowledge and agree that 2Clicks may stop providing the App, the Site and/or the Service or restrict your use of the App, the Site and/or the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of the T&C and/or if 2Clicks suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If 2Clicks disables your access to your account, you may be prevented from accessing the Service, your account details and/or any materials contained in your account.
Accounts and Security
To access the Service, you must have an account (the “Account“). You can create the Account by completing the registration process. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to 2Clicks will be correct, accurate and up to date. You further agree and acknowledge that we may have to disclose this information to third parties including but not limited to the Third Party Provider, and we shall not be liable to you or any other party based on the disclosure of such information to any person. You may not allow third parties to use your Account.
Fees and Charges
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, 2Clicks will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by 2Clicks.
All Charges are due immediately and payment will be facilitated by 2Clicks using the preferred payment method designated in your Account, after which 2Clicks will send you a receipt by email. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that 2Clicks may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and 2Clicks, 2Clicks reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in 2Clicks’ sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. 2Clicks will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. 2Clicks may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. 2Clicks does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by 2Clicks (on 2Clicks’ website, in the App, or in 2Clicks’ marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that 2Clicks provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Unless otherwise noted, all currency references are in Canadian dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. 2Clicks may, from time to time, modify, amend, or supplement its pricing and billing procedures, and such changes shall be effective immediately upon posting an update of the T&C or posting such changes elsewhere on the App and/or the Site. If there is a dispute regarding your payment of Charges to the Third Party Provider, or the service or goods provided to you by the Third Party Providers, or the Services, 2Clicks shall have the right to terminate your account without prior notice. In the event that you disagree with a Charge to your Account, you must dispute the charge by contacting 2Clicks at support@2Clicks.com within 24 hours of receiving the Charge through your Account. If you fail to dispute a charge within such 24 hours’ period, you are deemed to have consented to the charge on your Account. YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES ARE NON-REFUNDABLE IN WHOLE OR IN PART, EXCEPT AT 2CLICKS’ SOLE DISCRETION. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
[Payment processing services for your account on 2Clicks are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an account holder on 2Clicks, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of 2Clicks enabling payment processing services through Stripe, you agree to provide 2Clicks accurate and complete information about you and your business, and you authorize 2Clicks to share it and transaction information related to your use of the payment processing services provided by Stripe.]
Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify 2Clicks immediately if you become aware of any unauthorized use of your password or of your account.
Account Sharing or Transfers
Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account. You may not disclose your password to anyone else.
Cancellation by You
You have the right to cancel your account at any time. You may cancel your account by emailing support@2Clicks.com. Once you cancel your account, your personal information will no longer be viewable by other users, including but not limited to the techencians. However, content previously shared with other users may remain viewable by those users until they delete such content.
Termination by 2Clicks
2Clicks may at any time terminate your account if:
- 2Clicks determines that you are (a) in breach of or otherwise acting inconsistently with the T&C or (b) engaging in fraudulent or illegal activities or other conduct that may result in liability to 2Clicks;
- 2Clicks determines it is required by law to terminate your account; or
- 2Clicks decides to stop providing the Service or critical portions of the Service in the country where you reside, access the App, the Site or use the Service or 2Clicks determines that it is no longer in its business interests to continue providing the Service or critical portions of the Service.
Effect of Account Termination or Cancellation
If you voluntarily terminate your account or allow that account to lapse, you will be able to reactivate that account at any time through the account interface on the App and/or the Site. Accounts terminated by 2Clicks for any type of abuse including, without limitation, a violation of the T&C, may not be reactivated for any reason.
Subject to the terms of the T&C, 2Clicks hereby grants a limited, non-exclusive, personal, non-sublicenseable, non-assignable license to download, install and use software allowing you to engage in activities related to the Service (the “Software“). The Software may only be used in connection with the Service and in accordance with the T&C and any rules, restrictions or documentation set forth by 2Clicks from time to time.
Third Party Software and Services
App Use Requirements
To use the service on the App, you will be required to install the App on one or more electronic devices that you own or control and that meet the minimum specifications provided by 2Clicks.
2Clicks may require that you download and install updates to the App from time to time. You acknowledge and agree that 2Clicks may update the App with or without notifying you and add or remove features or functions to the App at any time in its sole and absolute discretion. You acknowledge and agree that 2Clicks has no obligation to make the App available to you, make any subsequent versions of the App available to you or to continue to support the App in any way. You acknowledge that your access to the App may not be continuous, features may change during your use of the App, and 2Clicks may terminate your access to the App or stop offering the App at any time.
You acknowledge that you may only use the App in connection with the Service provided through the App in accordance with this Agreement. The requirements hereunder and this Agreement may change as the App and/or Service evolve.
License, Restrictions and Conditions of Use
Subject to the T&C and for the sole purpose of using the Service, 2Clicks hereby grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to (i) install the App on one or more electronic devices which are owned by you, are under your control and which meet 2Clicks’ minimum specifications; (ii) install the Software on one or more computer, tablet or mobile devices which are owned by you, are under your control and which meet 2Clicks’ minimum specifications; and (iii) view, review and utilize the App and any related information provided to you by 2Clicks.
Use of the Site
2Clicks permits you to view and use the App and/or the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data obtained from the App, the Site or through the Service.
Accessing the Service
You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the App and/or the Site provided by 2Clicks. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers).
No Violation of Laws
You agree that you will not, in connection with your use of the App, the Site or the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the App, the Site and/or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
You may not connect to or use the App, the Site or the Service in any way that is not expressly permitted by the T&C.
You may not: (a) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (b) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of 2Clicks; or (c) make any false, misleading or deceptive statement or representation regarding 2Clicks and/or the App, the Site or the Service.
Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the App, the Site and/or the Service (or any servers, systems or networks connected to the App, the Site or the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the App, the Site and/or the Service or any other person’s or entity’s use of the App, the Site and/or the Service (or any servers, systems or networks connected to the App, the Site or the Service); (ii) attempt to gain unauthorized access to the App, the Site, the Service, accounts registered to other users, or any servers, systems or networks connected to the App, the Site and/or the Service; (iii) use the App, the Site or the Service for any commercial purpose or the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the App, the Site or the Service, unless you are specifically authorized to do so by 2Clicks; (iv) use the App, the Site or the Service to (y) develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; or (z) perform any unsolicited commercial communication not permitted by applicable law; or (v) engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
No Data Mining or Harmful Code
You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, unauthorized personal information of other account holders or other software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the App, the Site or the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the App, the Site or the Service.
Violation of the T&C
You acknowledge and agree that you are solely responsible, and 2Clicks has no responsibility or liability to you or any other person or entity, for any breach by you of the T&C or for the consequences of any such breach. 2Clicks may at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this section or any other terms of the T&C.
Links from the App and/or the Site
The App and/or the Site may contain links to websites operated by other parties. 2Clicks provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of 2Clicks and 2Clicks is not responsible for the content available on the other websites. Such links do not imply 2Clicks’ endorsement of information or material on any other website and 2Clicks disclaims all liability with regard to your access to and use of such linked websites.
Links to the App and/or the Site
Unless otherwise set forth in a written agreement between you and 2Clicks, you must adhere to 2Clicks’ linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with 2Clicks’ and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with 2Clicks; and (iii) when selected by a user, the link to the Site must display the Site on full-screen and not within a “frame” on the linking Site. 2Clicks reserves the right to revoke its consent to the link at any time and in its sole discretion.
The 2Clicks name and logo are intellectual property and service marks of 2Clicks Ltd. Unless permitted in a separate written agreement with 2Clicks, you do not have the right to use any of 2Clicks’ intellectual property, service marks or logos and your unauthorized use of any of these may be a violation of federal and provincial trademark laws.
You acknowledge and agree that 2Clicks, or its licensors, owns all right, title and interest in and to the App, the Site and the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the App, the Site and the Service are protected by Canadian and international copyright laws. Further, you acknowledge that the Service may contain information that 2Clicks has designated as confidential and you agree not to disclose such information without 2Clicks’ prior written consent.
2Clicks respects the intellectual property rights of others, and requires that the people who use the App, the Site and the Service do the same. 2Clicks maintains a policy of terminating users of the App, the Site and/or the Service who engage in repeated infringing conduct.
The App, the Site and the Service are operated by 2Clicks in accordance with Canadian laws. If you choose to access the App, the Site and/or the Service from a location outside of Canada, you do so on your own initiative and you are responsible for compliance with applicable local laws.
2Clicks is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service. By using the Service, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. 2Clicks may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce the terms of the T&C. Further, 2Clicks may in its sole discretion remove such content and/or terminate the T&C and your Account if you use any content that is in breach of the T&C.
2Clicks may, in 2Clicks’ sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to 2Clicks through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (the “Submitted Content“) via Forums, Blogs, email functions, chat functions or any other function on the App, the Site and/or Service which allows you to post, upload, edit, host, share and/or publish content. 2Clicks does not claim ownership of any Submitted Content. With respect to such Submitted Content, you grant 2Clicks a perpetual, irrevocable, non-terminable, transferrable, worldwide, royalty-free, sublicenseable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of such Submitted Content in connection with the Service and 2Clicks’ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You may take down any Submitted Content at any time; however, you acknowledge and agree, that 2Clicks may still have access to such Submitted Content and that the above licenses granted by you to 2Clicks will remain despite your removal of such Submitted Content from the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section
You acknowledge and agree that: (i) by using the App, the Site or Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and 2Clicks has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on the App, the Site or Service; (iii) 2Clicks does not guarantee any confidentiality with respect to Submitted Content, whether or not they are published (iv) 2Clicks is not responsible for any Submitted Content that you may have access to through your use of the App, the Site or Service and all Submitted Content are the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (i) 2Clicks has no control over and is not responsible for the use of Submitted Content by a user, including any user that has uploaded such Submitted Content to such user’s personal device; and (ii) 2Clicks may not be able to remove certain Submitted Content that is uploaded onto another user’s device. 2Clicks does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.
You acknowledge that 2Clicks has the right to pre-screen any Submitted Content, but no obligation to do so. At 2Clicks’ sole discretion, any Submitted Content may be included in the Service in whole or in part in a modified form. In addition, 2Clicks and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submitted Content that is available via the Site and/or the Service that violates the T&C or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property.
You acknowledge that the Submitted Content is your sole responsibility. You are entirely responsible for the Submitted Content and agree, under no circumstance, will 2Clicks be liable in any way for Submitted Content, including, but not limited to, for any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.
You acknowledge and agree that you are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that 2Clicks is not responsible or liable for the conduct of any users. 2Clicks reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
The App, the Site and the Service are not directed toward children under 18 years of age nor does 2Clicks knowingly collect information from children under 18 or allow them to create an account or access account features. If you are under 18, please do not submit any personal information about yourself to 2Clicks.
DISCLAIMER OF WARRANTIES
- Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” 2CLICKS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, 2 CLICKS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. 2CLICKS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
2CLICKS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE APP, THE SITE OR THE SERVICE OR THE GOODS OR SERVICES REQUESTED THE USE OF THE SERVICE OR PROVIDER BY THE THIRD PARTY PROVIDER.
2CLICKS DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE APP, THE SITE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE APP, THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE APP, THE SITE OR THE SERVICE OR THE GOODS AND SERVICES PROVIDED BY THE THIRD PARTY PROVIDER WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE APP, THE SITE OR THE SERVICE OR THE SERVICES PROVIDED BY THE THIRD PARTY PROVIDER WILL BE CORRECTED; OR (e) THE APP, THE SITE OR THE SERVICE OR THE GOODS AND SERVICES PROVIDED BY THE THIRD PARTY PROVIDER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP, THE SITE OR THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL. 2CLICKS HAS NO LIABILITY FOR THE GOODS AND SERVICES PROVIDED BY THE THIRD PARTY PROVIDER NOR DOES IT TAKE ANY RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SOFTWARE OR ANY MATERIAL DOWNLOADED BY THE THIRD PARTY SERVICE PROVIDER ON YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICES.
LIMITATION OF LIABILITY.
2CLICKS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF 2CLICKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2CLICKS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF 2CLICKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2CLICKS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND 2CLICKS’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TECHNICAL AND COMPUTER REPAIR SERVICES REQUESTED MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL 2CLICKS’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL OF FEES COLLECTED BY 2CLICKS (EXCLUDING CHARGES PAYABLE TO THE THIRD PARTY PROVIDER AND APPLICABLE TAXES).
2CLICKS’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TECHNICAL AND COMPUTER REPAIR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT 2CLICKS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TECHNICAL AND COMPUTER REPAIR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold 2Clicks and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) 2Clicks’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Governing Law; Jurisdiction
The T&C is governed by the laws of the Province of oNTARIO, Canada, without regard to conflict of laws principles. You and 2Clicks agree that, except as otherwise provided in the Arbitration section below, the courts located in the city of Ajax, Province of Ontario, Canada will have exclusive jurisdiction of all disputes arising out of or related to the T&C or your use of the Site or the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, 2Clicks shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
By using this Site, you agree that 2Clicks, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these T&C concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration before a single arbitrator, who will be a person legally trained, has experience in information technology and is independent of both parties, to be held in Ajax, Ontario, and governed by Ontario law subject to the most current version of the Arbitration Act 1991 (Ontario). Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute. Notwithstanding the foregoing, 2Clicks reserves the right to purse the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 2Clicks as a result of the T&C or your use of the Site or the Service.
2Clicks may assign its rights under the T&C to any person or entity without your consent. The rights granted to you under the T&C may not be assigned without 2Clicks’ prior written consent, and any attempted unauthorized assignment by you shall be null and void.
If any part of the T&C is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
In the event any litigation or arbitration is brought by either party in connection with the T&C, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation provided that 2Clicks shall not be liable for more US$1000 to you for legal fees.
Our failure to enforce any provision of the T&C shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by 2Clicks of any provision, condition or requirement of the T&C shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
All notices given by you or required under the T&C shall be in writing and addressed to: 45 Horne Avenue, Ajax, Ontario.
You must comply with all export laws and regulations of Canada or any other country (“Export Controls“) and you shall not export, direct or transfer any portion of the Site or the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
You acknowledge and agree that 2Clicks would be irreparably damaged if the terms of the T&C were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the T&C, in addition to such other remedies as we may otherwise have available to us under applicable laws.
The T&C, including the documents referenced in the T&C, constitutes the entire agreement between you and 2Clicks with respect to the Site and the Service and supersedes any and all prior agreements between you and 2Clicks relating to the Site and/or the Service, and the services accessed by you using the Site of the App.
Utilizing Your Computer or Other Device
Some of the benefits of the Service require the Service and Third Party Provider to access information on your computer or other applicable device. You hereby grant permission for the Service to monitor your computer or other applicable device (including, but not limited to, your device’s memory) and to communicate information, including, without limitation, your Account information, to the 2Clicks’ servers for the purposes of analyzing your device’s performance during use of the Service. Additionally, the Service and/or the Third Party Provider will utilize the processor, bandwidth and hard drive (or other memory or storage hardware) and/or cache of your computer or other applicable device for the limited purpose of facilitating the communication between, and the transmittal of data, content, services or features to, you and other users, and to facilitate the operation of the network of computers running instances of the Service.
Types of Information We Collect
Personal information means information that can be used to identify and contact you. You do not need to submit personal information to access certain areas of the Site, but if you do not want to disclose certain personal information to us, you will not be able to access certain aspects of the Company Features.
We collect personal information when you create an account through the Company Features; participate in registration forms, employment application forms, feedback forms or questionnaires; purchase a product trough the Company Features, order forms or surveys; or receive customer or technical support, be it through telephone, email or live chat.
To create an account for the Company Features, we require you to provide certain information to create your profile, including your name, password, email address, mailing address and phone number. We may also collect financial qualification and billing information, such as billing name and address and credit/debit card information. For example, the Company may collect personal information submitted through online registration forms, purchase order forms or through communications with the Company.
By submitting personal information through the Site, you authorize the Company to share this personal information for the purposes identified herein and on the Site, such as providing the information to an independent contractor who may fulfill your requested service, responding to user inquiries and processing transactions.
How We Use Your Personal Information
The personal information you provide to us will allow us to provide the Company Features to you, provide you with our location-based referral service, provide you with an independent contractor to fulfill your requested service, alert you of new products or services, features, or enhancements; handle your customer service questions or issues; provide for order processing; request feedback; distribute newsletters; and notify you of promotions, contests, surveys updates, or special offers that we think may interest you. We may also use your postal address, email address, phone number, live chat through instant messaging as part of the Company Features to provide you with support and in sending you messages about the Company Features and other general announcements. Additionally, personal information, such as your name and current location, will be given to our independent contractors.
When you use the Company Features, we may use GPS technology (or other similar technology) to determine your current location. We may share your current location with independent contractors that may provide you with services, other users of the Company Features or our partners (including to third parties who are providing Third Party Features). Restricting access to your current location, however, may impeded our ability to provide you with requested service.
The Site uses Google Analytics to help us learn about who visits the Site and what pages are being viewed.
Our servers automatically record information that your browser sends whenever you visit the Site. This information includes your Internet Protocol address, your browser type and version, the search engine you used to find the Company Features, if any, which Company Features you use and from where, and when and how long you use them. We use this information to monitor and analyze how users use the Company Features, to provide customer service and to maintain and improve the Company Features.
We do not knowingly collect personal information from children under 18. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times.
Sharing of Information
We use your personal information to complete transactions, deliver services you request, respond to your requests and send communications to you about promotions, updates, or special offers (which may be offered by the Company or one of its business partners) that may be of interest to you. We may share your personal information with carefully selected vendors and business partners, including companies that perform marketing services and other business operations for us, under strict terms described below. In addition, we will share the personal information we collect from you under the following circumstances:
Protection of rights
If we become involved in a merger, acquisition or other transaction involving the sale of some or all of the Company’s assets, user information, including personal information collected from you through your use of the Company Features, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice through the Company Features.
Additional Information You Should Know About Third Parties
Control of Your Information
You may update or delete your personal information or modify your account preferences for the Company Features by updating your profile information. When you delete your account, we may retain your account information for a reasonable period of time afterward for the purpose of internal account management and fraud prevention activities.
Opting Out of Receiving Communications from Us
In the event that we send communications to you via email and you no longer want to receive our emails or other announcements, you may opt-out by clicking the opt-out box provided through the account interface on the Site or replying to the email and indicating “unsubscribe” in the subject line. Please note that you cannot unsubscribe from certain correspondence from us that is necessary to administer your account, including messages relating to your account transactions.
Governing Law; Jurisdiction
This Policy is governed by the laws of the Province of Ontario, Canada, without regard to conflict of laws principles. You and 2Clicks agree that, except as otherwise provided in the Arbitration section below, the courts located in the city of Ajax, Province of Ontario, Canada will have exclusive jurisdiction of all disputes arising out of or related to this Policy and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, 2Clicks shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
By using this Site, you agree that 2Clicks, at its sole discretion, may require you to submit any disputes arising from this Policy concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration before a single arbitrator, who will be a person legally trained, has experience in information technology and is independent of both parties, to be held in Ajax, Ontario, and governed by Ontario law subject to the most current version of the Arbitration Act 1991 (Ontario). Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute. Notwithstanding the foregoing, 2Clicks reserves the right to purse the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
What security measures do we take to safeguard your personal information?
We restrict access to personal information to Company employees, indepdent contractors and agents who need to know this information in order to develop, operate and maintain the Company Features. However, no server, computer or communications network or system, or data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of any of the Company Features and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.
Questions? Contact Us