THESE TERMS AND CONDITIONS RELATE TO THE USE OF THE CABINETAPP INC. WEBSITE (THE "SITE") AND THE MOBILE APPLICATION (THE "MOBILE APPLICATION", "APPLICATION", or "APP") OF CABINETAPP INC. ("CABINETAPP"), INCLUDING ANY CONTENT THEREIN (COLLECTIVELY THE SITE AND THE MOBILE APPLICATION SHALL HEREINAFTER BE REFERRED TO AS THE "APPLICATION"):
BY DOWNLOADING, INSTALLING, ACCESSING OR OTHERWISE USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). IF YOU DO NOT AGREE, YOU SHOULD NOT DOWNLOAD, INSTALL, ACCESS OR OTHERWISE USE THE APPLICATION. IF YOU HAVE INSTALLED THE APPLICATION AND DO NOT AGREE TO THESE TERMS, THEN YOU MUST UNINSTALL THE APPLICATION IMMEDIATELY. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND CABINETAPP ("AGREEMENT"). THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT THE LIABILITY OF CABINETAPP.
By using or accessing the Application, you represent and warrant that you:
It is your responsibility to ensure your device meets all the necessary technical specifications to enable you to access and use the Application. You are granted a personal, non-exclusive and non-transferable license to install and use the Application on mobile devices you personally own or control pursuant to this Agreement. Apple Applications are only licensed for use on a device owned or controlled by you and using the Apple iPhone Operating System, so you must make sure that you use an appropriate device to access and use any Apple Application. Other Applications may only be used on a device owned or controlled by you running the Operating System for which the Other Application concerned was designed. You may not install or use the Application on a device you do not own or control. The Application is provided for lawful purposes only and is protected by intellectual property laws and treaties. Modification or use of the Application for any other purpose violates CabinetApp’s intellectual property rights. The Application is licensed, not sold. Any and all rights in the Application are and shall remain the exclusive property of CabinetApp and/or its licensors. Nothing in this Agreement intends to transfer any such rights to, or to vest any such rights in, you. You are only entitled to the limited use of the Application granted to you in this Agreement.
You will not take any action to jeopardize, limit or interfere with CabinetApp and/or its licensor’s rights. Any costs associated with downloading, installing, accessing and using the Application remain your responsibility and are dependent on your mobile device service provider. You must not use the Application while sitting in the driver’s seat of a vehicle (or other form of transport) that is moving or otherwise stationary but not in "park". You must comply with all applicable rules and regulations before and while using the Application. In the interest of safety at all times, you should only use the Application when it is lawful and safe to do so.
You are responsible for maintaining the strict confidentiality of your account details and you are responsible for any activity under your account. You agree to immediately notify CabinetApp of any unauthorized use of your account or password or any other breach of security. You agree and are responsible to provide accurate information when providing your account details and to ensure account details are updated. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and to notify CabinetApp when you desire to cancel your Account or unsubscribe from any electronic communications. CabinetApp will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
You may not use or access the Application for any purpose that is unlawful or that is prohibited by this Agreement. You may only use or access the Application to determine the availability of and to purchase goods and services or use services available within the Application. Use of the Application for any other purpose, including any commercial use or purpose, is expressly prohibited.
Without limiting the generality of the foregoing, you agree that, in using or accessing the Application, you shall not, or allow anyone of your behalf or any third parties to commit or participate in any of the following acts or actions, each of which is expressly prohibited under this Agreement:
CabinetApp and its affiliates will not be liable for any damages or injury caused by the use of, or the inability to use, the Application, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. CabinetApp and its affiliates will not be liable for any damages or injury, including but not limited to, indirect, special, incidental, exemplary or consequential damages that result from the use of, or the inability to use, the Application, even if there is negligence on CabinetApp and its affiliates or whether an authorized CabinetApp representative has been advised of the possibility of such damages, or both. The above limitations or exclusions may not apply to you to the extent that applicable law does allow the limitation(s) or exclusion(s) of liability. CabinetApp’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will be the lesser of (i) the amount you paid to use the Application, or (ii) if the Application was free, an all-inclusive sum of $100.00 CAD. CabinetApp’s legal rights to recover damages or other compensation under these Terms are reserved.
You agree that CabinetApp may collect and use technical data about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates and support related to the Application.
For CabinetApp to better meet your preferences, by using the Application, you agree and provide your consent that CabinetApp and CabinetApp’s third-party partners may collect, use, and transmit information you provide in using the Application, and other personally identifiable information gathered from your use of the Application or specifically provided by you in your use of the Application through the registration of a CabinetApp account or otherwise ("Personal Information"), to facilitate the improvement and provision of products, offers, promotions, other services or technologies, and advertising content.
You agree and consent to CabinetApp and CabinetApp’s third-party partners using your Personal Information to provide you with personalized products, offers, promotions, other services or technologies, and advertising content. Your Personal Information will be used solely in accordance with CabinetApp’s Privacy Policy.
Location Information: With your consent, we may collect location information through your use of the Application including location information collected through your mobile phone or device’s geolocation, GPS, Bluetooth, or similar capabilities ("Location Information"). The purpose of collecting Location Information is to effectively utilize Application features. We will only collect Location Information if you opt-in to receiving certain functionality of the Application (either during your initial Application download, login or later) and by enabling these capabilities on your mobile device. Once opted-in, the Application will continue to collect Location Information until you close the Application (it will gather Location Information if it is running in the background) or you use your phone’s or other device’s setting to disable your mobile device’s geolocation, GPS, Bluetooth, or similar capabilities, or you use your phone’s or other device’s setting to prevent the Application from collecting Location Information. CabinetApp considers Location Information to be Personal Information.
Application Use Information: When using the Application, information about how you are interacting and using the Application may be collected automatically ("Application Use Information"). To the extent that Application Use Information identifies you as an individual, CabinetApp will consider it to be Personal Information.
Aggregated Personal Information: How you use our Application is important to us. We may therefore aggregate and compile Personal Information with information about other purchases you make from CabinetApp and any other Personal Information you have consented to provide to us ("Aggregated Personal Information").
Personal Information, Location Information, Application Use Information and Aggregated Personal Information (collectively referred to as "Authorized Information") is used for such purposes as enhancing our Application’s functionality or features, responding to your requests and communications, conducting consumer research into consumer behaviours and/or interests, improving our services or products, providing you with information about special offers and promotions about our services.
CabinetApp may share Authorized Information with our affiliates, agents, business partners, franchisees and other third parties in the following ways:
1. CabinetApp may disclose Authorized Information to perform certain business-related services and CabinetApp will only provide the Authorized Information necessary for the business-related services to be completed.
2. CabinetApp may disclose Authorized Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the Application or the public, or (iv) protect against legal liability.
CabinetApp may store any information that we collect (Authorized or otherwise) in databases owned and maintained by us, our affiliates, suppliers, franchisees, agents or service providers. Such databases may be stored in Canada or in any other international location. By using our Application, you consent to the storage and transfer of your Authorized Information and any other information in the manner outlined above.
You can use the Application without providing any Personal Information. You can also restrict the Personal Information we collect by doing such things as logging out of or uninstalling the Application or turning off or preventing the Application from using your mobile device’s geolocation, Bluetooth, or similar capabilities. However, taking these actions may prevent you from using certain features or aspects of the Application.
The Application may contain references, links or interactions with other websites not operated or controlled by us ("Third Party Sites"). The policies and procedures we describe here do not apply to Third Party Sites, and these sites may independently collect information about you. CabinetApp assumes no responsibility or liability for the privacy and information collection policies of these third parties and we suggest contacting the providers of those sites directly for information on their privacy policies.
Any questions or concerns regarding your privacy should be directed to: info@cabinetapp.ca.
CabinetApp may make available various payment processing methods to facilitate purchasing. You must abide by any relevant terms and conditions or other legal agreement, whether with CabinetApp or a third party, that governs your use of a given payment processing method. CabinetApp may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any Products that you order and that CabinetApp may charge your credit card or other form of payment that you indicate for any Products ordered, along with any additional amounts (including any taxes). You agree that you are solely responsible for all fees associated with purchases you make on CabinetApp.
For sales as both principal or agent, CabinetApp displays the pricing for Products on the Application. Pricing and availability of all Products are subject to change at any time.
You are responsible for any Taxes, and must pay CabinetApp for Products without any reduction for Taxes. If CabinetApp is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide CabinetApp with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any Taxes from your payments to CabinetApp, you must provide CabinetApp with an official tax receipt or other appropriate documentation to support such payments. "Taxes" means any duties, customs fees, or taxes (other than CabinetApp’s income tax) associated with the sale of Products, including any related penalties or interest.
If you register for a CabinetApp account using the Application, you will have an opportunity to opt-in to receive email communications from CabinetApp that will provide you with special offers and/or promotions ("Email Communications"). In the event that you wish to opt-out from receiving Email Communications from CabinetApp, you can either:
1. Press the "unsubscribe" link located in any CabinetApp Email Communication and follow prompts; or
2. Contact CabinetApp through the Site or by calling (416) 665-2110 on Monday to Friday, from 8:30 am to 6:00 pm (EST).
Opting-out of Email Communications will not affect your settings with respect to Push Notifications within the Application.
Upon download of the Application, if you register and are signed-in to your account, you will be provided the option to opt-in to receive push notifications from CabinetApp on your device and within the Application and to your provided Location Information. This may include promotional communications, offers and system messages pushed to the device or within the Application mailbox ("Push Notifications"). You may, at any time following the download of this Application, prevent the Application from collecting Location Information or you can opt-out of receiving Push Notifications by adjusting the CabinetApp Notifications switch within your device’s settings. Preventing the Application from collecting Location Information or opting-out of Push Notifications will not affect your settings with respect to Email Communications within the Application.
Unless described otherwise, the Application is made available only to provide information about CabinetApp. CabinetApp controls and operates this Application and makes no representation that these materials are appropriate or available for use in other locations. If you use this Application from other locations, you are responsible for compliance with applicable local laws. Some software from this Application may be subject to export controls imposed by Canada and/or the United States of America and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which Canada or the United States of America has placed an embargo. If you download or use the Application, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.
The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. For residents of Canada outside of Quebec, these Terms and use of the Application are governed by the laws of the Province of Ontario and the laws of Canada, and in respect of any conflict arising out of these Terms, the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Ontario located in Toronto, Ontario. For residents of Quebec, these Terms and use of the Application are governed by the laws of the Province of Quebec and the laws of Canada, and in respect of any conflict arising out of these Terms, the parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of Quebec located in Montreal, Quebec.
As a condition of your use of the Application, you agree to indemnify, defend and hold us and any of our affiliates, related entities, and their respective directors, officers, employees and agents harmless from and against any and all liabilities, losses, damages, claims, suits, actions, proceedings, judgments, penalties, taxes, fines, costs and expenses (including reasonable legal fees) arising out of, or resulting from or otherwise connected to or in relation to your use of the Application or your breach of this Agreement.
THE APPLICATION MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CABINETAPP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE APPLICATION AND ANY MATERIALS THEREIN ARE PROVIDED "AS IS", ON AN "AS AVAILABLE BASIS", AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CABINETAPP DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CABINETAPP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CABINETAPP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE APPLICATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CABINETAPP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APPLICATION. YOU (AND NOT CABINETAPP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CABINETAPP FOR DISSATISFACTION WITH THE APPLICATION OR ANY CONTENT IS TO STOP USING THE APPLICATION OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The Application may contain downloadable materials as well as links to external third party sites. CabinetApp is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand and agree that CabinetApp cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this Application, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.
The Application may also permit you to login to the Application using your existing login information from a social networking service, such as Facebook, Twitter, Google+ or other social networking platforms in place of creating a new login account specifically for the Application ("Third Party Services"). CabinetApp has no control over, makes no representations or warranties whatsoever about any of the Third Party Services that you may access, is not responsible for the availability of such Third Party Services, and does not endorse nor is responsible or liable for any content or other materials on or available from such Third Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, from those third parties.
CabinetApp may terminate, at its sole discretion, these Terms at any time for any reason without notice to you by decommissioning the Application. You may terminate these Terms at any time for any reason without notice to CabinetApp by uninstalling the Application from your device.
These Terms including any supplements and updates is the entire agreement between the parties relating to the use of the Application.
CabinetApp may revise these Terms at any time and at its sole discretion by changing these Terms within the Application. It is your responsibility to check these Terms periodically for changes. By continuing to access or use of the Application following such changes to the Terms will constitute acceptance of such changes.
The trademarks, logos and artwork used within the Application include the registered and unregistered trademarks and copyright of CabinetApp and its affiliates. All other trademarks used within the Application are the properties of their respective owners.
You and CabinetApp agree that if any portion of this Agreement or of the CabinetApp Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
CabinetApp may assign or delegate this Agreement and/or the CabinetApp Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms and Conditions or Privacy Policy without CabinetApp’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.
CabinetApp may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and this Agreement.
These Terms and Conditions, any Supplemental Policies and any documents expressly incorporated by reference herein (including the CabinetApp Privacy Policy), contain the entire understanding of you and CabinetApp, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
The failure of CabinetApp to require or enforce strict performance by you of any provision of this Agreement or the CabinetApp Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of CabinetApp’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by CabinetApp of any provision, condition, or requirement of this Agreement or the CabinetApp Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this this Agreement, no representations, statements, consents, waivers, or other acts or omissions by Supercell shall be deemed a modification of this Agreement nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of CabinetApp.
We may notify you via postings on www.cabinetapp.ca, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under this Agreement or the CabinetApp Privacy Policy shall be in writing and addressed to: CabinetApp Inc., 16 Martin Ross Ave, Toronto, Ontario, M3J 2K8. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You acknowledge that the rights granted and obligations made under this Agreement to CabinetApp are of a unique and irreplaceable nature, the loss of which shall irreparably harm CabinetApp and which cannot be replaced by monetary damages alone so that CabinetApp shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Application, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Application or any content or other material used or displayed through the Application and agree to limit your claims to claims for monetary damages.
CabinetApp shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of CabinetApp, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond CabinetApp’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions or comments regarding the Application, please contact CabinetApp at (416) 665-2110 on Monday to Friday from 8:30 am to 6:00 pm (EST).
These Terms incorporate and supplement the Apple, Inc. ("Apple") Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Terms therein ("Apple Terms"). If the Application that you access and use is an Apple Application:
1. The Apple Application may only be accessed and used on a device owned or controlled by you and using the Apple iPhone Operating System;
2. You acknowledge and agree that:
3. You represent and warrant that:
4. If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple Terms and Conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.