Terms of Service

 

Last Revised: May 24, 2018

 

These TOS are between you (i.e. the end-user, shopper, product manager, retailer, or merchant) (“You” and “Your”) and marketPeek Inc. (“We”, “Our” or “Us”) and govern Your (i) use of the website, located at www.marketpeek.com, and www.marketpeek.co (and the webpages within the website) and/or use of our software application (collectively, the “Website/App”), including any text, graphics, video, audio, information, data, trademarks, logos, trade names or other content on or within the Website/App and/or the Service (together, "Website/App and Service Content") and the design, structure, selection, coordination, expression and arrangement of the Website/App and Service Content on or through the Website/App; and (ii) access to and receipt of the marketPeek Inc. service offered through the Website/App (“Service”), including any interfaces, tools, products, services and/or features offered as part of the Service. You may contact Us by e-mail (support@marketpeek.freshdesk.com) with questions about the terms and conditions of these TOS.

 

By clicking "I AGREE" below, or using THE WEBSITE AND/OR ACCESSING OR RECEIVING any Service:

  • you agree to THESE TOS. If you are agreeing to this Agreement for receipt of the Service by an entity, you are agreeing to this Agreement on behalf of that entity. You must have the authority to bind that entity to these tos;

  • you are agreeing you have read and understand THESE TOS; and

  • you agree – and, if applicable, you agree on behalf of the entity you represent - to accept the terms and conditions contained in THESE TOS, and that you, and (IF APPLICABLE) such entity, will abide by THESE TOS in THEIR then-current form and are legally bound by THESE TOS.

 

These TOS may be changed from time to time without Us providing notice to You, and any such changes will be effective immediately upon posting.  YOUR CONTINUED USE OF THIS WEBSITE OR ACCESSING OF OR RECEIPT OF THE SERVICE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE UPDATED TERMS OF SERVICE.

 

You should periodically check the Website/App for the most current TOS.

 

1. YOUR AGE AND ELIGIBILITY TO USE THE WEBSITE AND THE SERVICE

  • You represent and warrant to Us that You (i) are at least the age of majority in Your province or territory of residence; and (ii) have full power and authority to enter into these TOS and doing so will not violate any other agreement to which You are a party.

  • If You are younger than the age of majority in Your province or territory of residence, but are at least 13 years of age, then You must get Your parent or guardian to read these TOS and agree to them for You before You use the Website/App, or access or receive Service, or provide any information to Us.  Proof of identification and parental consent must be provided upon request. If a parent or legal guardian does not provide consent, or if proof of identification cannot be obtained we reserve the right to restrict Your access to or participation on the Website/App, and/or to suspend or delete Your account. 

  • FOR MINORS: PLEASE ASK A PARENT BEFORE USING THIS SITE OR REGISTERING AN ACCOUNT WITH THE WEBSITE.  If You are under 13 years of age then You will not use this Website/App, the website/APP and service content, or the service.

  • If You are unsure about anything You see on this Website/App, please ask Your parent or legal guardian for help

  • As of May 25th, 2018 citizens of the European Union are prohibited from using the service until further notice.

 

2. REGISTRATION INFORMATION

If You choose to provide any information or fill out any forms on the Website/App, You agree to (i) provide true, accurate, current and complete information; and (ii) maintain and promptly update the information You provide to Us.  If You provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future access to and receipt of the Service (or any portion thereof).

 

3. YOUR LIMITED USE RIGHTS, RESTRICTIONS AND CONDITIONS
Limited Use Rights

  • Subject to the limitations and restrictions below, We grant to You, for Your non-commercial or personal use only, a limited revocable, non-exclusive, non-transferable, limited right to:

    • view, access, copy and print the pages within this Website/App; and

    • access and receive the Service.

 

  • YOU MUST, in order to exercise any of the rights granted above:

    • retain, on any allowed copies and downloads, all copyright notices, trademark notices, and other notices, that are on this Website/App;

    • comply with these TOS; and

    • comply with any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website/App, including, without limitation, the Service and the Website/App and Service Content.

 

Restrictions

  • Except as allowed above, YOU MAY NOT do any of the following with respect to any or all of Website/App or the Service, including, without limitation, the Website/App and Service Content:

    • distribute, display, broadcast, exhibit, transmit, perform, frame, redeliver, use, sell, license, modify, delete, copy, download, publish, reproduce, package, post, create derivative works (where applicable) of, or exploit, any or all of the Website/App, Service, or Website/App and Service Content, without Our express prior written permission;

    • violate or attempt to violate the security of any or all of the Website/App (including, with limitation, another end-user’s account), the Service, or any Website/App and Service Content, in any way through any means or device including, without limitation, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these TOS;

    • gain or attempt to gain access to or receipt of the Service in an unauthorized or fraudulent manner;

    • access or ascertain, or attempt to access or ascertain, any other user’s password, account, and/or personal information that they have not disclosed or intentionally chosen to disclose publicly;

    • upload or submit any data, information or other content that contains any virus or other computer code, corrupt files, or programs, designed to interrupt, destroy, disrupt or limit the functionality of any software, hardware, telecommunications, networks, servers, or other equipment, including, without limitation, the Website/App, Service, or Website/App and Service Content;

    • decompose, decompile, reverse-engineer, disassemble or otherwise deconstruct all or any portion of any or all of the Website/App, Service, or Website/App and Service Content; or

    • remove or use any copyright, trademark or other proprietary notice or legend contained on (or printed from) any or all of the Website/App, Service or Website/App and Service Content.

 

Conditions

  • An Internet connection is required in order to access the Service or its internet-based features. In order to benefit from the Service, you are required to have and maintain an adequate Internet connection.  By accessing and using the Service, you acknowledge and agree that third party fees (e.g. data transfer) may apply and that you are responsible for any such fees.


4. CONDUCT AND LICENSE RE: USER CONTRIBUTED CONTENT

  • You understand that all text, graphics, video, audio, information, data, trademarks, logos, trade names, software, photographs, messages or other content, uploaded, posted, emailed, transmitted or otherwise made available by users (including shoppers, product managers, merchants and retailers) (“User Contributed Content”), whether publicly or privately, are the sole responsibility of the person from which such User Contributed Content originated.  This means that You, and not marketPeek or its licensors, are entirely responsible for all User Contributed Content that You upload, post, email, transmit or otherwise make available via the Service.

 

  • We do not claim ownership of User Contributed Content, but by submitting or making available such content, You agree that we may keep Your User Contributed Content available on the Website/App for the duration of the Service and that We may share or make Your User Contributed Content available or post links to your Content on the Website/App’s social media pages with other third party services or display it or portions thereof in other promotional materials for the Website/App and/or Service. You therefore:  

    • grant Us a world-wide, perpetual, royalty free and non-exclusive license (including the right to sublicense) the User Contributed Content (including but not limited to photos, graphics, text, comments, audio or video) you submit or make available for inclusion on the Website/App, or on the Website/App’s and/or Service’s social media pages (including but not limited to Facebook, Twitter and Instagram), to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Contributed Content (in whole or in part) and to incorporate such User Contributed Content into other works in any format or medium now known or later developed, in connection with the Website/App, the promotion of the Website/App or the promotion of your User Contributed Content and that it has been posted to our Website/App;

    • irrevocably waive, in favour of Us, any and all so called “moral rights” in and to the User Contributed Content; and

    • represent and warrant that the User Contributed Content that you submit or make available will not contain any material that is defamatory or that infringes, misappropriates or violates the copyright, moral rights, privacy rights, personality rights or any other intellectual property or other rights (“Rights”) of any person or entity, and is not the subject of any actual or threatened litigation or claim.

 

  • You agree not to, via the Website/App or the Service:

    • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

    • harm other users in any way;

    • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website/App or the Service;

    • upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    • upload, post, email, transmit or otherwise make available any content or do any act that infringes, misappropriates or violates any Rights of any party;

    • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

    • upload, post, email, transmit or otherwise make available any content or material that imposes (in Our sole discretion) a large load on Our (or Our service provider’s) infrastructure;

    • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    • interfere with or disrupt the Website/App, the Service, or servers or networks connected to the Website/App or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Website/App or Service;

    • intentionally or unintentionally violate any applicable local, state, national or international law;

    • “stalk”, “bully” or otherwise harass another; or

    • collect or store personal data about other users.

 

  • We and Our designees shall have the right to remove any User Contributed Content that violates these TOS or is otherwise objectionable in Our sole discretion.

 

5.  OUR CONTENT AND USER CONTRIBUTED CONTENT

  • We and our licensors have limited control of the User Contributed Content posted via the Service.

 

  • We do not guarantee the accuracy, integrity or quality of any User Contributed Content or any Website/App and Service Content (collectively, the “Content”).

 

  • You understand that by using the Website/App, or by accessing and/or receiving the Service, You may be exposed to Content that is offensive, indecent or objectionable.

 

  • Under no circumstances will We or our licensors be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Website/App or Service.

 

  • You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any Content created by Us or submitted to Us except at your own risk.

 

  • You acknowledge that We and Our designees have the right (but not the obligation) in our sole discretion to refuse or move any Content that is available via the Service.

 

  • You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service or other applicable rules or policies of the Website/App and/or Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Us, our licensors, other users, and/or members of the public.

 

6.  OWNERSHIP OF THIS WEBSITE, SERVICE, WEBSITE AND SERVICE CONTENT AND OTHER INTELLECTUAL PROPERTY

  • You acknowledge and agree that the Service and this Website/App, including without limitation, the Website/App and Service Content, are the property of Us or Our service providers, suppliers or licensors.  The Service, this Website/App and the Website/App and Service Content are protected by copyright, both individually and as a collective work or compilation, and by trademark law, patent law and any other applicable laws.

 

  • You do not and will not acquire any rights or licenses in any copyrights, trademarks, patents or other intellectual property on or in the Service or this Website/App, including without limitation, the Website/App and Service Content.

 

  • You agree to abide by any and all copyright and trademark notices, information or restrictions displayed on the Website/App. 

 

  • Any unauthorized use, reproduction or distribution of any Website/App and Service Content may violate copyright, trade-marks, patents or other intellectual property rights or applicable laws.

 

  • MARKETPEEK and any logos appearing on the Website/App or in conjunction with the delivery of any products and/or services are Our trade-marks. Any use of Our trade-marks without prior written authorization is strictly prohibited.

 

  • If You breach any of these TOS terms and conditions, Your authorization to use this Website/App, and to access and receive the Service, automatically terminates and You must immediately destroy any downloaded or printed materials or any other materials derived from the use of this Website/App, or the access or receipt of the Service, which contain intellectual property of Us or Our service providers, suppliers or licensors.


7. LINKS; GOOGLE MAPS

  • We are not responsible for information on any third party website or service (or any portion thereof) that is referred in, or accessible or connected by hyperlink to, the Website/App, the Service or the Website/App and Service Content. If You access any third party website or service through the Website/App, the Service, the Website/App and Service Content, or otherwise, You do so at Your own risk. We are not responsible for information on or made available as part of any such third party websites or services. Hyperlinks to or from Website/Apps and such third party websites or services do not constitute third party endorsement of, sponsorship by or affiliation with Us.

 


8. ACCOUNT; LOG-IN METHODS

  • To log onto portions of this Website/App and to contribute Your User Contributed Content, You need to create an account by signing-in to this Website/App using certain login methods (e.g. e-mail address and password) (“Access Methods”). 

 

  • You are solely responsible for the confidentiality and security of Your Access Methods. You are responsible for all activities that occur under Your Access Methods and/or account and may not share Your Access Method details with others. We are not obligated to inquire as to the authority or propriety of any use of, or action taken under, Your Access Methods and/or account. You must immediately notify Us of any actual or suspected loss, theft or unauthorized use of Your Access Methods, or any other security breaches of which You become aware. We will not be responsible for any loss to You that arises from any use of Your account or Your Access Methods or from Your failure to comply with these provisions.


9. PRIVACY POLICY; PERSONAL INFORMATION MAY BE STORED OUTSIDE OF CANADA

  • Personal information that We gather from You is governed by Our Privacy Policy You consent to the terms and conditions of the Privacy Policy.

 

  • Personal information You submit may be transferred to, used on, processed on, and stored on, Our or providers’ servers, which may be located in jurisdictions outside of Canada. As a result, Your personal information may be subject to access requests from, and may be disclosed to, governments, courts or law enforcement in one or more other jurisdictions in complying with such jurisdiction’s (or jurisdictions’) laws, rules, regulations and court orders.

 

  • You acknowledge and agree that the above constitutes prior written notice to You of, and Your consent to, the collection, use and disclosure of Your personal information as described above and in Our Privacy Policy.


10. UNAVAILABILITY & SECURITY

  • We are not liable for any technological problems regarding the Website/App or Service and any impact that such problems may have. All or any portion of the Website/App or Service may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Website/App or the Service may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.

 

  • We make reasonable efforts to ensure that the Website/App and Service are secure, but We do not guarantee the security of the Website/App or Service. We are not liable for any defects, delays or errors in or resulting from Your use of the Website/App or Your access to or receipt of the Service.


11. TERMINATION AND AFTER TERMINATION

We reserve the right to reject, suspend or terminate Your use of, or access to or receipt of, all or any portion of the Website/App and/or Service at any time and for any reason, in Our sole discretion. The terms and conditions in these TOS will continue to apply to Your past use of the Website/App, or access to or receipt of the Service, in the form in which it or they then-existed at the time of the subject use and/or access or receipt.  Furthermore, termination of Your use of the Website/App, and/or access to and/or receipt of the Service, shall not relieve You of any obligations arising or accruing prior to such termination or limit any liability that You otherwise may have to Us.


12. DISCLAIMERS

  • Information May Not Be Accurate 
    WE DO NOT WARRANT THAT THE INFORMATION ON THE WEBSITE OR WITHIN THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS ERROR-FREE OR OMMISSION-FREE, RELIABLE, ACCURATE, COMPLETE, OR CURRENT. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS, AND TO CHANGE OR UPDATE INFORMATIONAND/OR CONTANT AT ANY TIME WITHOUT PRIOR NOTICE.

 

  • “As-Is” and “As-Available” Basis 
    WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND THE SERVICE THAT THE LAW ALLOWS US TO DISCLAIM. THE WEBSITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL WEBSITE AND SERVICE CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WARRANTIES OF SUITABILITY OF CONTENT, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OF CONTENT, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS.

 

  • General

      WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE SECURITY, AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY,       RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE WEBSITE, THE SERVICE, OR ANY PART OF THE WEBSITE AND SERVICE CONTENT.


13. LIMITATION OF LIABILITY; SOLE REMEDY

  • OUR LIABILITY WITH RESPECT TO THE WEBSITE AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, NO MATTER THE CAUSE, IN CONNECTION WITH THESE TERMS OF SERVICE, THE WEBSITE, THE SERVICE, THE CONTENT, OR THE INABILITY TO USE THE WEBSITE AND/OR CONTENT, OR TO ACCESS OR RECEIVE THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES, OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE, AND WHETHER OR NOT SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED.  

 

  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


14.  INDEMNIFICATION

You will be responsible for any liability we have that arises out of Your breach of these TOS, Your use of the Website/App, and Your access to and/or receipt of Service.

  • You agree to indemnify, defend and hold harmless Us and Our affiliates, agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to

    • Your use of the Website/App,

    • Your access to and/or receipt of the Service,

    • Your breach of these TOS or any representation, warranty or covenant made by You in these TOS, including, without limitation, with respect to User Contributed Content; or

    • Your violation or misappropriation of any applicable law, statute, ordinance, regulation or of any third party's rights.

 

  • We have the right but not the obligation to participate in any defense or settlement.  If We choose to participate, each party must pay for its own lawyers' fees.  This obligation survives the termination of these TOS.

 

15. OTHER COUNTRIES

This Website/App, the Service and the Website/App and Service Content can be accessed from countries around the world other than Canada. We make no representation that the Website/App, Service or Website/App and Service Content is appropriate or available for use in other locations, and accessing Website/App, Service and/or Website/App and Service Content from jurisdictions  where such content is illegal is prohibited. Those who choose to access this Website/App from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws.


16. APPLICABLE LAW

By accessing this Website/App and/or the Service, You and We agree that all matters relating to Your use of this Website/App, and Your access to and/or receipt of the Service, shall be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and We also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario or the federal courts of Canada, as applicable, located within the City of Toronto, with respect to any and all matters arising in connection with these TOS.


17. SEVERABILITY; ENTIRE AGREEMENT

If any provision of these TOS are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these TOS shall remain in full force and effect. These TOS constitutes the entire understanding, and supersedes all other understandings, between You and Us concerning the subject matter hereof.


18. ASSIGNMENT

We may assign these TOS in whole or in part at any time without Your consent. You may not assign these TOS or delegate any of Your obligations under these TOS. Any purported assignment these TOS in violation of their terms is void from the outset.

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