1. INTRODUCTION: Welcome to our application (the
MyThingsTracker). This App is
published by mobileLIVE Inc hereinafter referred as
Company registered in Canada whose
has a registered office at 1550 16th Avenue, Suite 200, Building B, Richmond Hill, ON, L4B 3K9,
By downloading or otherwise accessing the App you agree to be bound by the following terms
and conditions (
these Terms, you can contact Us by any of the means set out in paragraph 11 of these Terms.
If you do not agree with these Terms, you should stop using the App immediately.
2. GENERAL RULES RELATING TO CONDUCT: The App is made available for your own, personal
use. The App must not be used for any commercial purpose whatsoever or for any illegal or
unauthorized purpose. When you use the App you must comply with all applicable Canadian
laws and with any applicable international laws, including the local laws in your country of
residence (together referred to as
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify the Company, and its group companies, subsidiaries, affiliates, employees and partners in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
3. CONTENT: The content that you provide in the app must not contain any copyright in all
material contained in any form such as data, text, music, sound, photographs, graphics and
video messages, the selection and arrangement thereof. You agree that by providing any
software compilations and other material (
Material) is owned and licensed by Company. All
rights are reserved.
The trademarks, service marks, and logos (
MyThingsTracker) contained on or in the App are
owned by the Company. You cannot use, copy, edit, vary, reproduce, publish, display,
distribute, store, transmit, commercially exploit or disseminate the trademarks without the
prior written consent of the Company.
4. LINK TO THIRD PARTIES: The App may contain links to websites operated by third parties
Third Party Websites). The Company may monetize some of these links through the use of
third party affiliate programs. Notwithstanding such affiliate programs, the Company does not
have any influence or control over any such Third Party Websites and, unless otherwise stated,
is not responsible for and does not endorse any Third Party Websites or their availability or
6. DISCLAIMER / LIABILITY: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE COMPANY DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN THE COMPANY AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
The Company will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss. Nothing in these Terms shall be construed as excluding or limiting the liability of the Company or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
7. SERVICE SUSPENSION: The Company reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
8. ADVERTISERS IN THE APP: We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not the Company, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
9. COMPETITIONS: If you take part in any competition which is run in or through the App
Competition), you agree to be bound by the rules of that competition and any other rules
specified by the Company from time to time (
Competition Rules) and by the decisions of
the Company, which are final in all matters relating to the Competition. The Company reserves
the right to disqualify any entrant and/or winner in its absolute discretion without notice in
accordance with the Competition Rules.
10. IN-APP VOUCHER CODES: Any in-app voucher codes issued by the Company may only be used in accordance with terms described for that specific voucher within the App.
11. GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and the Company concerning your use of the App.
The Company reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of the Company.
These Terms shall be governed by and construed in accordance with Canadian law and you agree to submit to the exclusive jurisdiction of the Canadian Courts.
If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
The Company failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Company in writing.
12. CONTACT US: You can contact us at
1550 16th avenue, Suite 200, Building B, RichmondHill, ON. L4B 3K9. Canada