TERMS & CONDITIONS
By downloading, browsing, accessing, or using this Toolsy Application (“Toolsy Mobile
Application”), you agree to be bound by these Terms and Conditions of Use. We
reserve the right to amend these terms and conditions at any time. If you disagree with
any of these Terms and Conditions of Use, you must immediately discontinue your
access to the Toolsy Mobile Application and your use of the services offered on the
Toolsy Mobile Application. Continued use of the Toolsy Mobile Application will constitute
acceptance of these Terms and Conditions of Use, as may be amended from time to
TERMS TO USE
● Toolsy Inc is committed to ensuring that the app is as useful and efficient as
possible. For that reason, we reserve the right to make changes to the app or to
charge for its services, at any time and for any reason. We will never charge you
for the app or its services without making it very clear to you exactly what you’re
● The Toolsy app stores and processes personal data that you have provided to
us, in order to provide Toolsy Inc Service. It’s your responsibility to keep your
phone and access to the app secure. We therefore recommend that you do not
jailbreak or root your phone, which is the process of removing software
restrictions and limitations imposed by the official operating system of your
device. It could make your phone vulnerable to malware/viruses/malicious
programs, compromise your phone’s security features and it could mean that the
Toolsy app won’t work properly or at all.
● Toolsy Inc cannot always take responsibility for the way you use the app i.e. You
need to make sure that your device stays charged – if it runs out of battery and
you can’t turn it on to avail the Service, Toolsy Inc cannot accept responsibility.
● At some point, we may wish to update the app. The app is available for both
Android and iOS– the requirements for the system (and for any additional
systems we decide to extend the availability of the app to) may change, and you’ll
need to download the updates if you want to keep using the app. It is your
responsibility to keep the app version up to date. Toolsy Inc does not promise
that it will always update the app so that it is relevant to you and/or works with the
Android or iOS version that you have installed on your device. However, you
promise to always accept updates to the application when offered to you, we may
also wish to stop providing the app, and may terminate use of it at any time
without giving notice of termination to you.
● We strongly recommend that you only download the Toolsy applications from
Google Play or App Store. Doing so will ensure that your apps are legitimate and
safe from malicious software.
sold, and Toolsy Inc reserves all rights not expressly granted in this Agreement.
Subject to the terms and conditions hereof, Toolsy Inc grants you a personal,
nonexclusive, non-transferable, non-sublicense able, limited license to download
and use the Application on a mobile device that you own or control.
License Restrictions. Except as specifically provided herein, You may not: (i)
distribute or make the Application available over a network where it could be
used by multiple devices at the same time; (ii) copy the Application; (iii) modify,
adapt, translate, reverse engineer, make alterations, decompile, disassemble or
make derivative works based on the Application, except as otherwise permitted
by law; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant
other rights to the Application to third parties.
Your Warranty to Toolsy Inc. You represent and warrant that: (i) You have the
authority to bind Yourself to this Agreement; (ii) Your use of the Application will
be solely for purposes that are permitted by this Agreement; and (iii) Your use of
the Application will comply with all local and national and laws, rules, and
Privacy. By using the Application, you agree that Toolsy Inc may collect and use
certain information about you, your mobile device, your use of the Application and
amended from time to time.
Indemnity. You agree to indemnify and hold harmless Toolsy Inc and its
affiliates, officers, directors, employees, consultants, agents and anyone
providing information or software used in the Application from any and all claims
arising from, related to, or incidental to Your use of the Application.
Termination. This Agreement is effective until terminated. Toolsy Inc may
immediately terminate this Agreement at any time at its sole discretion with or
without notice to you. Additionally, Your rights under this Agreement will
terminate automatically if you fail to comply with any term(s) of this Agreement.
Upon termination, all legal rights and licenses granted to You hereunder shall
terminate immediately and You shall cease all use of the Application and destroy
all copies of the Application. All sections that may be reasonably interpreted to or
are intended to survive this Agreement will survive this Agreement.
Acknowledgment of Understanding/Entire Agreement. You acknowledge that
You have read this Agreement, understand it and agree to be bound by its terms
and conditions. You also agree that this Agreement is the complete and exclusive
statement of the Agreement between Toolsy Inc and You and supersedes all
proposals, representations or prior agreements, oral or written, and any other
communications between Toolsy Inc and You relating to the subject matter of
Severability. You agree that the terms and conditions stated in this Agreement
are severable. If any paragraph, provision, or clause in this Agreement shall be
found or be held to be invalid or unenforceable in any jurisdiction, the remainder
of this agreement shall be valid and enforceable.
Assignment and Transfer. Toolsy Inc may assign, transfer, sell, rent or lend this
Agreement, in whole or in part, at any time without notice to You. You may not
assign this Agreement or any part of it or any rights to use the Application, in
whole or in part, either temporarily or permanently, to any other party. Any
attempt to do so is void.
DISCLAIMER AND EXCLUSION OF LIABILITY
● The Toolsy Mobile Application, the Services, the information on the Toolsy Mobile
Application and use of all related facilities are provided on an "as is, as available"
basis without any warranties whether express or implied.
● To the fullest extent permitted by applicable law, we disclaim all representations
and warranties relating to the Toolsy Mobile Application and its contents,
including in relation to any inaccuracies or omissions in the Toolsy Mobile
Application, warranties of merchantability, quality, fitness for a particular purpose,
accuracy, availability, non-infringement or implied warranties from course of
dealing or usage of trade.
● We do not warrant that the Toolsy Mobile Application will always be accessible,
uninterrupted, timely, secure, error free or free from computer virus or other
invasive or damaging code or that the Toolsy Mobile Application will not be
affected by any acts of God or other force majeure events, including inability to
obtain or shortage of necessary materials, equipment facilities, power or
telecommunications, lack of telecommunications equipment or facilities and
failure of information technology or telecommunications equipment or facilities.
● While we may use reasonable efforts to include accurate and up-to-date
information on the Toolsy Mobile Application, we make no warranties or
representations as to its accuracy, timeliness, or completeness.
● We shall not be liable for any acts or omissions of any third parties howsoever
caused, and for any direct, indirect, incidental, special, consequential or punitive
damages, howsoever caused, resulting from or in connection with the Toolsy
Mobile Application and the services offered in the Toolsy Mobile Application, your
access to, use of or inability to use the Toolsy Mobile Application or the services
offered in the Toolsy Mobile Application, reliance on or downloading from the
Toolsy Mobile Application and/or services, or any delays, inaccuracies in the
information or in its transmission including but not limited to damages for loss of
business or profits, use, data or other intangible, even if we have been advised of
the possibility of such damages.
● We shall not be liable in contract, tort (including negligence or breach of statutory
duty) or otherwise howsoever and whatever the cause thereof, for any indirect,
consequential, collateral, special or incidental loss or damage suffered or
incurred by you in connection with the Toolsy Mobile Application and these
Terms and Conditions of Use. For the purposes of these Terms and Conditions of
Use, indirect or consequential loss or damage includes, without limitation, loss of
revenue, profits, anticipated savings or business, loss of data or goodwill, loss of
use or value of any equipment including software, claims of third parties, and all
associated and incidental costs and expenses.
● The above exclusions and limitations apply only to the extent permitted by law.
None of your statutory rights as a consumer that cannot be excluded or limited
INTELLECTUAL PROPERTY RIGHTS
● All editorial content, information, photographs, illustrations, artwork and other
graphic materials, and names, logos and trade marks on the Toolsy Mobile
Application are protected by copyright laws and/or other laws and/or international
treaties, and belong to us and/or our suppliers, as the case may be. These works,
logos, graphics, sounds or images may not be copied, reproduced, retransmitted,
distributed, disseminated, sold, published, broadcasted or circulated whether in
whole or in part, unless expressly permitted by us and/or our suppliers, as the
case may be.
● Nothing contained on the Toolsy Mobile Application should be construed as
granting by implication, estoppel, or otherwise, any license or right to use any
trademark displayed on the Toolsy Mobile Application without our written
permission. Misuse of any trademarks or any other content displayed on the
Toolsy Mobile Application is prohibited.
● We will not hesitate to take legal action against any unauthorised usage of our
trade marks, name or symbols to preserve and protect its rights in the matter. All
rights not expressly granted herein are reserved. Other product and company
names mentioned herein may also be the trade marks of their respective owners.
We respect the intellectual property rights of others. If you believe that any material
available on or through the App infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below (a “Notification”). A
copy of your Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to federal law you may be
held liable for damages if you make material misrepresentations in a Notification. Thus, if
you are not sure that material located on or linked to by the App infringes your copyright,
you should consider first contacting an attorney.
CHANGES TO THIS TERMS AND CONDITIONS
I may update our Terms and Conditions from time to time. Thus, you are advised to
review this page periodically for any changes. I will notify you of any changes by posting
the new Terms and Conditions on this page. These changes are effective immediately
after they are posted on this page.
If you have any questions, do not hesitate to contact me at Info@toolsy.ca.