Terms of Use

 

  1. Ownership; Agreement to Terms of Use

    These Terms and Conditions of Use (the “Terms of Use”) apply to our website located at https://www.fooi.ca (“Site”), mobile application (“App”) and hardware (“Beacons”) operated and provided by FOOi INC. (“The Company”), (the Site, App and Beacons are collectively referred to as the “Service and Application”). The Site is the property of the Company and its licensors. BY USING SERVICE AND APPLICATION, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICE AND APPLICATION. Interaction validating consent with these Terms of Use, include, a user downloading the app, submitting information online, submitting an email, responding to a promotion from the Company, loading or withdrawing from an account and or sending or receiving funds. The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited license to use the Service and Application.

  2. Eligibility

    You represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Service and Application. We may, in our sole discretion, refuse to offer the Service and Application to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service and Application is revoked where these Terms of Use are prohibited or to the extent offering, sale or provision of the Service and Application conflicts with any applicable law, rule or regulation. Further, the Service and Application are offered only for your use, and not for the use or benefit of any third party. If you are under the age of 18 and have begun interacting with the Service and Application, your account will be terminated without reimbursement, and you will not be permitted to transfer the account or funds to another user. If you are the parent or guardian of a child who has used the Service and Application please notify the Company at info@FOOi.ca.

  3. Site and App Content

    All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site and App are owned, controlled or licensed by or to the Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site, the App, and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent. You may use information on the Company’s services (such as FAQs, manuals, and similar materials) purposely made available by the Company for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

  4. Your Content

    You acknowledge and agree that we do not review or pre-screen the contents of electronic data uploaded or posted to the Service and Application by you (“Your Content”). You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by our other users will not infringe upon or violate the rights of any third party. By uploading Your Content to the Service and Application, you hereby grant a worldwide, non-exclusive, royalty-free, fully paid up, license to the Company to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Services and Application from time to time. We may, from time to time, invite or provide you with means to provide feedback regarding the Service and Application, and in such circumstances, any feedback you provide will be deemed non-confidential and the Company shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

  5. Your Use of the Site

    You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The Company reserves the right to bar any such activity. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server used by the Company, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the Company, including any Company account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Company’s systems or networks, or any systems or networks connected to the Site or to the Company. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through the Site, App or any service offered on or through the Site or the App. You shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You shall not use the Site, the App or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.

  6. Accounts, Passwords and Security

    Certain features or services offered on or through the App or the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify the Company immediately of any unauthorized use of your account or password, or any other breach of security. You acknowledge and agree that you may be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential. You agree not to use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. The Company cannot and will not be liable for any losses or damages arising from your failure to comply with these obligations.

  7. Fees and Payment Terms

    1. Fees. The Company deducts its fee when users withdraw funds from their account at a rate of 3.5% (Contact FOOi to learn more about our programs), as well as added charges for payment cheque in accordance with the Company’s published fees available at www.fooi.ca/general/fees. The Company reserves the right to update its fees, and will do our best to notify users of changes prior, however it is your responsibility to periodically check our Site for changes. The minimum withdrawal amount is $20.00 CAD.

    2. Balance & Transfers. To transfer funds users must deposit funds to their account and may not transfer an amount that exceeds the user’s account balance. Withdrawal of funds is facilitated through direct deposit to a bank account. If a user does not have a bank account they may, at an extra charge, opt to receive a mailed cheque. To opt to receive a mailed cheque a user will email a request to info@fooi.ca

    3. Payment Processor. We use a third-party payment processor, Braintree (the “Payment Processor”) to bill subscribers of our paid Services through a payment account linked to their Account on the Site (“Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. You can view our Payment processor’s Merchant Service Agreement at this link: www.braintreepayments.com/legal, and they can be contacted at 877-434-2829. We are not responsible for error by the Payment Processor. By choosing to use our paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (“Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

    4. PAYMENT TERMS. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE IN YOUR ACCOUNT SETTINGS, WHICH MAY BE ACCESSED VIA THE SERVICE AND APPLICATION.

  8. Subscriptions to Services; Other Terms and Conditions

    Additional terms and conditions may apply to subscriptions for services and specific portions or features of Service and Application, including contests, promotions or other similar features, all of which terms shall each form an integral part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. The Company’s obligations, if any, with regard to its services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. The Company may make changes to any such services offered on the Site, or to the applicable subscription prices for such services, at any time, without notice.

  9. Privacy

    The Company’s Privacy Policy applies to use of the Service and Application, and its terms are made a part of these Terms of Use by this reference. To view the Company’s Privacy Policy, click here. Additionally, by using the Service and Application, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Service and Application may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

  10. Links to Third Party Websites

    The Service and Application may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the Company’s control, and the Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

  11. Termination

    We may terminate your access to all or any part of the Service and Application due to account inactivity for more than twelve (12) months, or immediately upon breach of these Terms of Use. If we terminate your account due to inactivity or for breach, the remaining balance in your account shall be forfeited. If you wish to terminate your subscription please email a request to info@FOOi.ca. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  12. Disclaimers

    THE COMPANY DOES NOT WARRANT THAT THE SERVICE AND APPLICATION OR ANY CONTENT, SERVICE OR FEATURE OF THE SERVICE AND APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE AND APPLICATION WILL PROVIDE SPECIFIC RESULTS. THE SERVICE AND APPLICATION AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICE AND APPLICATION IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT WARRANT THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE AND APPLICATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY 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 SERVICE AND APPLICATION AND/OR ANY OF THE COMPANY SERVICES, INCLUDING BUT NOT LIMITED TO ANY INFORMATION AND OPINIONS EXPRESSED IN THIRD PARTY FEEDBACK OR COMMENTS PUBLISHED TO THE SERVICE AND APPLICATION IF ANY. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND APPLICATION AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SERVICE AND APPLICATION OR ANY CONTENT IS TO STOP USING THE SERVICE AND APPLICATION OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service and Application, or any portion of the Service and Application, for any reason; (2) to modify or change the Service and Application, or any portion of the Service and Application, and any applicable policies or terms; and (3) to interrupt the operation of the Service and Application, or any portion of the Service and Application, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

  13. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF THE COMPANY BE HELD LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THE SERVICE AND APPLICATIONOR WITH ANY DELAY OR INABILITY TO USE THE SERVICE AND APPLICATION, OR FOR ANY INFORMATION, OR SERVICES OBTAINED THROUGH THE SERVICE AND APPLICATION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the other provisions of these Terms of Use, The Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service and Application or any Content, The Company’s sole liability to you shall in no event exceed the greater of (a) the total amount of any subscription or similar fees with respect to any service or feature of or on the Service and Application paid in the six (6) months prior to the date of the initial claim made against The Company, or (b) or One Hundred Canadian Dollars ($100.00 CAD). Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

  14. Indemnity

    You agree to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal expenses), made against the Company by any third party due to or arising out of or in connection with your use of the Service and Application.

  15. Violation of These Terms of Use

    The Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Service and Application, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, or the rights or property of visitors to or users of the Service and Application, including the Company’s customers. The Company reserves the right at all times to disclose any information that the Company deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Company also may disclose your information when the Company determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that the Company may preserve any transmittal or communication by you with the Company through the Service and Application or any service offered on or through the Service and Application, and may also disclose such data if required to do so by law or the Company determines that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce these Terms of Use, (c) respond to claims that any such data violates the rights of others, or (d) protect the rights, property or personal safety of the Company, its employees, users of or visitors to the Service and Application, and the public. You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Service and Application and/or block your future access to the Service and Application if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Service and Application. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Company may have at law or in equity. You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Service and Application, for cause, which includes but is not limited to:(a) requests by law enforcement or other government agencies, (b) a request by you (self-initiated account deletions), (c) discontinuance or material modification of the Service and Application or any service offered on or through the Service and Application, or (d) unexpected technical issues or problems. If the Company does take any legal action against you as a result of your violation of these Terms of Use, the Company will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to the Company. You agree that the Company will not be liable to you or to any third party for termination of your access to the Service and Application as a result of any violation of these Terms of Use.

  16. Assignment

    These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

  17. Governing Law; Dispute Resolution

    You agree that all matters relating to your access to or use of the Service and Application, including all disputes, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflicts of laws provisions. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal expenses. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The arbitrator will be appointed by agreement between the parties or, in default of agreement, such arbitrator will be appointed by an Ontario Judge of The Superior Court of Justice upon application of any of the said parties. A Judge of The Superior Court of Ontario shall be entitled to act as such arbitrator, if he or she so desires. The arbitration shall be held in the City of Ottawa, Ontario, and the language of the arbitration shall be in English.

  18. Void Where Prohibited

    The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature or service to any person or geographic area. Any offer for any feature or service made on the Service and Application is void where prohibited. If you choose to access the Service and Application from outside of Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

  19. Miscellaneous

    You shall not use or export or re-export any Content or any copy or adaptation of such Content, or service offered on the Service and Application, in violation of any applicable laws or regulations, including without limitation Canadian export laws and regulations. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and the Company with regard to your use of the Service and Application, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with the Company, the Company will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The Company’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Company of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

  20. FINTRAC

    FOOi Inc. is registered with The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC). To comply with rules and regulations, FOOi is required to collect personal information when there is a large value transaction, or a large volume of low value transactions, within a 24-hour rolling period. Large value transaction is defined as equal to or greater than $1,000.00 CAD. The collection of personal information is for reporting purposes only. The personal information collected will not be shared with any entity other than FINTRAC, the Government of Canada or law enforcement and is not visible to any other FOOi user. Personal information collected for FINTRAC includes the following: legal first name, legal last name, street address, city, province, country, postal code, phone number and occupation/principal business.

    Appropriate information will be shared with authorities when required by law.