Term of Use

Last updated: October 2, 2019

Binding Agreement

Use of Mannr Inc.’s (“Mannr”) web service (the “Service”) constitutes acceptance of the terms and conditions set out below (the “Terms and Conditions”). If you do not want to be bound by these Terms and Conditions do not use the Service and uninstall and delete it from your mobile device.

Changes

Changes may be made at any time to the Service, any text, guidelines, information, pictures, QR barcodes and other barcodes, videos, data, hyperlinks, displays and other content contained within, generated by or associated with the Service (the “Content”) and these Terms and Conditions, without prior notice to you.  Your continued use of the Service constitutes your acceptance to be bound by these Terms and Conditions and any changes thereto.

Mannr may alter, modify, update, suspend, discontinue, eliminate, cancel and/or terminate any aspect of the Service, including the availability of any and all of its features, at any time, in its sole discretion and without notice.  Mannr may also alter, modify, update, remove, delete, annotate or editorialize any Content at any time, in its sole discretion and without notice.

These Terms and Conditions also govern any updates to, or supplements or replacements for, the Service, which may also be subject to additional terms that will accompany such updates, supplements or replacements.

Obtaining Service

If you accessed or downloaded the Service from any Service store or distribution platform (like the Servicele Store, Google Play, or Amazon Servicestore) (each, an “Service Provider”), then you acknowledge and agree that:

  • These Terms and Conditions are concluded between you and Mannr, and not with Service Provider, and that, as between us and the Service Provider, Mannr is solely responsible for the Service.
  • Service Provider has no obligation to furnish any maintenance and support services with respect to the Service.
  • Service Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Service or your possession and use of the Service, including but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any Servicelicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Mannr will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.
  • Service Provider and its subsidiaries are third party beneficiaries of these Terms and Conditions as related to your license of the Service, and that, upon your acceptance of these Terms and Conditions, Service Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as related to your license of the Service against you as a third party beneficiary thereof.
  • You must also comply with all Servicelicable third party terms of service when using the Service.
  • You agree to comply with all Canadian, U.S. and foreign export laws and regulations to ensure that neither the Service nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Service, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Account

Use of the Service is limited to individuals who have the capacity to enter into binding agreements. If you have not yet reached the age of the majority in the jurisdiction in which you reside, you must have one of your parents or legal guardians read and agree to be bound by the most current version of the Terms and Conditions, and to have these Servicely to you in terms of your use of the Service.

The Service and Content may only be used for lawful purposes. You may not use the Service in any jurisdiction where the foregoing is prohibited by Servicelicable laws.

Creation of an account (an “Account”) is required if you want to use certain features of the Service. To do so, you must disclose your name and certain information about yourself. You may also create an Account through a pre-existing account you have created with Facebook or such other pre-existing third-party accounts as we may choose to support in the future (notification of which will be provided by allowing selection of such pre-existing accounts on the relevant account-creation screen). Your Account will be created by extracting from your Facebook or other pre-existing third-party account certain personal information (such as your e-mail address) that your privacy settings on the Servicelicable account permit us to access. If such privacy settings do not allow extraction of all required information, you will be required to disclose such information yourself. You will also be asked to supplement any information required for creation of an Account which could not otherwise be extracted from your Facebook account.

You must provide accurate, complete, and up-to-date information for your Account, and you agree to update such information to the extent required to keep it accurate, complete, and up-to-date. Failure to do so may result in suspension or termination of your Account.

If you are under the age of majority in the jurisdiction in which you reside, your parent or legal guardian must complete registration and creation of an account on your behalf. We reserve the right to validate the identity and authority of a parent or legal guardian. Your parent or legal guardian may withdraw his or her consent by sending Mannr written notice.  In such case, your account will be deleted and you will no longer be permitted to use the Service.

As part of the delivery of the features and functionality of the Service, Mannr will send you SMS, e-mails, push notifications and other messages and alerts in accordance with the way you have configured your Account and to inform you of changes or problems. It is important therefore that you keep your contact details in your Account up to date.

Use of the Service

Use of the Service is limited to individuals who have the capacity to enter into binding agreements or, for individuals who have not yet reached the age of majority in the jurisdiction in which they reside, those whose parent or legal guardian have reviewed the most current version of these Terms and Conditions and have agreed to have the child be bound by same and have agreed to themselves be bound by same (to the extent Servicelicable).

Subject to your continued compliance with these Terms and Conditions, Mannr hereby grants you a license to use the Content for your personal use and to use the Service. Any commercial activity through your Account or any commercial use of Content is strictly prohibited. Without limitation to the foregoing, the Content may not be copied, compiled, harvested, distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Mannr.

You acknowledge that you are responsible for whatever Content you submit to the Service, and you, not Mannr, have full responsibility for such Content, including its accuracy, currency, legality, reliability, Serviceropriateness, and non-infringing nature. You are prohibited from posting or transmitting to or from the Service any unlawful, illegal, threatening, libelous, defamatory, obscene, infringing or otherwise inServiceropriate Content.

In connection with your use of the Service, you acknowledge and agree that you are strictly prohibited from: (i) committing unauthorized intrusions into any part of the Service or related systems which are restricted from general access; (ii) circumventing security provisions in order to improperly access the Service; (iii) uploading, posting or transmitting through or on the Service any viruses or other harmful, disruptive or destructive files; (iv) using the Service to seek or provide advice, opinion, diagnosis or assessment in a professional capacity; and (v) utilizing the Service in any other manner so as to interrupt or interfere with the access to and/or usage of the Service by another party. 

You agree to comply with all Servicelicable laws (including, without limitation, all Canadian Federal, provincial, and local laws and regulations) that may Servicely to the use of the Service or transactions initiated through use of the Service.

Termination

Either party may terminate these Terms and Conditions for convenience upon written notice. Without limitation to the foregoing, if at any time we believe that you have breached these Terms and Conditions or the terms of any other agreement with us, or are using the Service improperly or illegally, we may terminate, restrict or suspend your access to the Service immediately and/or terminate your Account without notice to you. In the event of termination all provisions relating to intellectual property (except for any express or implied licenses granted to you), all indemnification obligations, all disclaimers and all limitation and exclusion of liability provisions will survive any such termination or any termination of the agreement formed by these Terms and Conditions, regardless of the reason for such termination and regardless of whom initiates termination.

Personal Information

The Service is designed to provide you with a personalized experience and personalized Content that is tailored for you and identify and provide you with third party offers and promotions that are tailored for you.  As a result, your use of the Service necessarily entails collection of personal information about you and use and disclosure of such personal information.

By using the Service, you acknowledge and confirm that you have read Mannr’s privacy policy availablehere[a] and that you provide your consent in regard to any and all activities, tasks, practices and undertakings discussed in such privacy policy relating to the collection, use, disclosure, storage, communication, transmission, modification, retention and destruction of your personal information. Please ensure that you have read and understand our privacy policy.

Acceptable Use

You agree that you are responsible for your own conduct and any transaction that you conduct in conjunction with your use of the Service, and for any consequences thereof. You agree that when using the Service and Content, you will not:

  • defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
  • upload, post, email, transmit, or otherwise make available any unlawful, inServiceropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
  • promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
  • trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
  • violate, or encourage any conduct that would violate, any Servicelicable law or regulation or would give rise to civil liability;
  • upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
  • impersonate or misrepresent your affiliation with another person or entity;
  • promote or provide instructional information about illegal or harmful activities or substances;
  • promote or engage in physical harm, violence, or injury against any group or individual;
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
  • submit fake, falsified, misleading, or inServiceropriate data submissions, edits, or removals;
  • post, upload, publish, submit, or transmit any Content that infringes, misServiceropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, personality rights, or rights of publicity or privacy;
  • use, display, or recreate the Service or any individual element within the Service, Mannr’s name, any Mannr trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Mannr’s express written consent;
  • access and tamper with the services used to provide the features and functionality of the Service, Mannr’s computer systems, or the technical delivery systems of Mannr’s providers;
  • attempt to probe, scan, or test the vulnerability of any Mannr system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Mannr or any of Mannr’s providers or any other third party (including another user) to protect the Content or to ensure the proper operation of the features and functionality of the Service;
  • attempt to access or search the Content, or download Content through the use of any technology or means other than those provided by Mannr (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
  • extract, scrape, index, copy, or mirror the Content or portions thereof;
  • use any meta tags or other hidden text or metadata utilizing a Mannr trademark, logo, URL, or product name without Mannr’s express written consent;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive, or false source-identifying information;
  • attempt to decipher, decompile, disassemble, or reverse engineer the Service, any of the software used to install the Service or any Content;
  • interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing in regard to Mannr’s systems and facilities;
  • take any action that imposes, or may impose, an unreasonable or disproportionately large load on Mannr’s infrastructure or those of its service providers;
  • delete, obscure, or in any manner alter any attribution, warning, or link that Serviceears through use of the Service or in the Content;
  • use the Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms and Conditions, including but not limited to: (a) gathering in Service items or resources for sale outside the Service; (b) performing services in the Service in exchange for payment outside the Service; or (c) sell, resell, rent, or lease the Service or your Account;
  • collect or store any personally identifiable information of users of the Service without their express permission;
  • violate any Servicelicable law or regulation; or
  • encourage, assist or enable any other individual to do any of the foregoing.

Although Mannr is not obligated to monitor access to or use of the Service or Content or to review or edit any Content, Mannr has the right to do so for the purpose of providing the features and functionality of the Service, to ensure compliance with these Terms and Conditions, and to comply with Servicelicable law or other legal requirements. Mannr reserves the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if Mannr, in its sole discretion, considers any Content to be objectionable or in violation of these Terms and Conditions. Mannr has the right to investigate violations of these Terms and Conditions. Mannr may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Security

You agree that you shall not disclose your Account password to anyone and you shall notify Mannr immediately of any unauthorized use of your Account. You are solely responsible for all activities that occur under your Account, whether or not you know about them.

Information collected by Mannr is stored in a secure manner.  However, you acknowledge that there are security and privacy limitations which are beyond the control of Mannr and that the security, integrity and privacy of any and all information and data and Content exchanged between you and Mannr through the Service cannot be guaranteed.

  1. Disclaimers and Limitation of Liability

As with any mobile Servicelication that makes use of a GPS smartphone, the accuracy of the location information captured and used by the Service depends on, amongst other things, the quality of the connection between the smartphone and the GPS satellites and the connection with the mobile phone network. These can be affected by environmental factors such as bad weather or the presence of tall buildings and information can be delayed, corrupted or lost. The information on the tracking panel is therefore to be regarded as being a guide to the location of the smartphone at the time of the last update received from it, and subject to error.

We do not warrant that the Service (and features and functionality of the Service) will be available at all times, as (in addition to the factors mentioned above), it may be down for maintenance or as a result of a bug or other deficiency. Although we will endeavour to fix deficiencies we provide no guarantee or assurances in this regard.We are not liable for any loss or damage incurred by you or any third party using the Service, arising from the Service, from any information displayed as part of use of the Service or from any unavailability of any of them.

Use of the Service should be avoided when operating a vehicle or in other circumstances requiring the user’s attention, concentration or focus.  It is your sole responsibility to consider and decide whether use of the Service is prudent in the circumstances.We are not liable for any personal injury or death arising from use of the Service in imprudent or inServiceropriate circumstances.

While care has been taken in the preparation of the Service and the Content, the Service and the Content is provided on an "as is" basis and Mannr disclaims any representation, warranty or condition, whether express or implied, statutory or otherwise, as to quality, accuracy, completeness, legality, non-infringement, currency, reliability, efficacy, fitness for a particular purpose, uninterrupted access to the Service, error-free operation of the Service, the absence of computer viruses and other harmful components or corrupted data or information on the Service.

The Service allows you to redeem offers and conduct transactions with third parties with respect to the procurement of goods and services from such third parties.  Mannr does not endorse, recommend, guarantee or provide any assurance whatsoever with respect to any third party good or service or any statement or communication from any third party.  You are solely responsible for any dealings or transactions with any third parties and Mannr will not be liable in any respect in regard to the foregoing.

Mannr, its advertisers, sponsors, Content providers, service providers and business partners will not be liable for any direct, indirect, consequential, incidental, or special damages related to or arising from the use or inability to use the Service and/or the Content including, without limitation, any loss of data, loss of business opportunity, loss of reputation, pure economic loss, intrusion upon seclusion, pain and suffering, injury to dignity, feelings and self-respect, loss of profit, loss of business opportunity, depreciation of goodwill, loss of revenue, and non-monetary losses, whether based on breach of contract or tort (including, without limitation, negligence), and/or violation of Servicelicable laws, including, without limitation, infringement of intellectual property rights, strict liability, breach of warranty, failure of essential purpose, fundamental breach, breach of a fundamental term or otherwise, even if advised of the possibility thereof.

The Content is intended for informational purposes only, is not intended to constitute advice, endorsements or recommendations, and should not be relied upon in any such regard. It is not intended to be a comprehensive or detailed statement concerning the matters addressed. Mannr does not recommend or endorse the use of any third party good or service that may be described in the Service. Any information contained in the Service should be used only after having been validated and verified. 

Anyone using the Service does so at his or her own risk, and by using or submitting Content, agrees to indemnify Mannr and its service providers and Content providers from any and all liability, loss, injury, damages, costs and expenses (including legal fees and expenses) and other losses arising from such person's use of the Service and/or use or submission of Content.

  1. Intellectual Property Rights

All feedback, remarks, suggestions, ideas, graphics and other information (other than your personal information) communicated to Mannr through the Service become the exclusive property of Mannr and Mannr may make unfettered use of same without compensation to you. Likewise, subject to our compliance with privacy laws, all data collected in regard to any use of the Service (including demographic and statistical information compiled in regard to users of the Service) are the sole property of Mannr.

The Service and the Content are protected by Canadian, United States and other national and international copyright, trademark and other intellectual property laws.

Mannr and its licensors retain exclusive ownership of all copyright, trademark and all other rights in the Service and Content.  No portion of the Content may be used or reproduced, other than for personal use, or harvested, distributed, transmitted or "mirrored" in any form, or by any means, without Mannr’s prior written consent, which consent may be arbitrarily withheld.

Certain names, words, titles, phrases, logos, icons, graphics or designs used in the Service may constitute trade names, and/or registered or unregistered trademarks (collectively, “Trademarks”) of Mannr or of third parties that are used under license. The display of Trademarks on the Service, and those to which it is linked, does not imply the grant of any license to any other party.

Other than as expressly permitted herein or by written agreement of Mannr, your use or display of any of the Trademarks that Serviceear on the Service or that is included in any Content is strictly prohibited.

You shall not decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any software made available to you in regard to the Service including, without limitation, any installation software.

Linked Servicelications and Websites

The Service may contain links to other Servicelications or websites which are not maintained by Mannr. Should you access other Servicelications or websites via a link provided through the Service or a link embedded in the Content and view content or materials that are not provided by Mannr, you do so at your sole risk. Links are provided for convenience only and should not be construed as an endorsement or Serviceroval by Mannr.Mannr will have no liability for any loss or damage arising from your use of any such linked Servicelications or websites, or from any transactions, goods or services procured in relation to the foregoing.

The terms of use and privacy policies Servicelicable to such linked Servicelications or websites may be different than those Servicelicable to the Service. You should therefore ensure that you have read these prior to accessing any third party Servicelication or website.

Mannr may terminate a link at any time without notice.

  1. Third Party Marketplaces and Stores

The Service allows you to search and view third party products (and product information) and product offers, and to purchase third party products. Although the Service may facilitate the foregoing, you acknowledge and understand that Mannr has no involvement in regard to such offers or any resulting transaction. Use of any such Content, offers and Products, as well as any transactions relating to the foregoing, are at your sole risk.Mannr will have no liability for any loss or damage arising from any third party product and any ad, offer or transaction related to any third party product which may be presented through or in conjunction with your use of the Service.

  1. Governing Law and Jurisdiction

These Terms and Conditions and the use of the Service and Content are governed by and interpreted in accordance with the laws of the Province of Ontario, and you irrevocably attorn to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada (including, without limitation, provincial and federal courts located in the city of Toronto). Notwithstanding the foregoing, Mannr may institute proceedings in any jurisdiction where infringement of its intellectual property and/or any misServiceropriation or misuse of its confidential information and/or trade secrets takes place.

Mannr controls and operates the Service from its offices in Toronto, Ontario, Canada.  Mannr makes no representation that the Service and the Content are Serviceropriate or available for use in other jurisdictions. Anyone accessing the Service from other jurisdictions assumes sole responsibility for compliance with local laws.

  1. Miscellaneous

Mannr may terminate your use of the Service immediately without notice and in its sole judgment and discretion.  Upon termination, you must destroy all materials obtained from the Service and all related documentation and all copies thereof.  You may not access the Service after such termination without Mannr’s prior written Serviceroval.

Mannr's failure to enforce any provision of these Terms and Conditions will not be construed as a waiver of such provision.

These Terms and Conditions shall bind and enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns.

You may not assign your rights or obligations hereunder without Mannr's prior written consent.

If any part of these Terms and Conditions is unlawful, void, invalid or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Use of the Service, may be subject to additional terms and conditions of the provider that makes the Service available to you.

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