Challenge4Change

GENERAL:

By Using the Service, You agree to be bound by this full User Agreement. If You do not consent to and fully agree with this User Agreement, You should not commence and must otherwise immediately cease to Use the Service.

We reserve the right to change this full User Agreement from time to time and We urge You to review this User Agreement regularly - at www.Challenge4Change.ca/AppUserAgreement to familiarize yourself with any changes. By using the Service, You are accepting the practices described in this Agreement and any future modifications.

SECTION ONE: PRIVACY POLICY

1A. Privacy Statement

Your privacy is very important to Synergiq Solutions Inc. (“Synergiq” or “We”) and We will treat Your data with care and respect. We know that You care how information and data about You is collected, used, and shared. This Privacy Notice describes the privacy policy for Challenge4Change - Languages application (“Service”) and provides details on the collection, use, and/or dissemination of the information You provide.

1B. Who We Are

The Service is an application (“App”) that allows users to access and use a variety of educational services to learn or practice a language. Synergiq may, at its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.

To provide the Service, We may be required to collect, use, and share certain information. The type of information We collect, together with a description of how We use and/or share it, is described below.

1C. Information Collection and Use

In order to use the Service, a User must first create an account. The options available are: 1) logging in via a Google account which will then be associated with the User Account or 2) entering a display name, a valid email address and password.

In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you as requested by Synergiq; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Synergiq, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.

We use this information, including any personal information, to provide the Service and to contact the User in connection with the Service. The User’s email address is not displayed.

The display name, or the name associated with the User’s Google account, will be used for the purposes of ranking the user in the leaderboards - within the App and on the Challenge4Change fundraising site (Challenge4Change.ca) - based on their individual scores.

We also store information that we collect through industry standard technologies such as cookies, log files, images uploaded by the user, and/or third parties in order to provide seamless operation of the Service including displaying of activity of Users on the Service for the benefit of other Users.

If the User is a member of a fundraising team - as set up separately through the Challenge4Change fundraising site (Challenge4Change.ca) - they will be given a Team Code directly from their Team Captain that can be entered on the App. This Team Code will be verified by the App and, if validated, will allow the User to have their scores added to the team. The User can subsequently choose to remove themselves from this Team through the App which will reset their status to that of an individual participant. The User will then be removed from this Team’s leaderboard and their score will also be removed from the Team’s overall calculation.

1D. Communications and Customer Service

We may send Users notifications and alerts based on useful information as it relates to the Service and the content provided therein.

Users may also occasionally receive information by email related to the Service to which the User has the option to unsubscribe from.

On occasion, it may be necessary to send out a service-related announcement. For instance, if the Service is temporarily suspended for maintenance We may send Users an email. We communicate with Users on a regular basis to provide requested services and in regards to issues relating to their account.

1E. Sharing

Though We make reasonable effort to preserve User privacy, We cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Statement. We may need to disclose personal information when required by law wherein We have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process; or third parties may unlawfully intercept or access transmissions or private communications. Please be aware that no data transmission over the Internet or information storage technology can be guaranteed to be secure.

We may share aggregated demographic information that is not linked to any personally identifiable information, with our partners, sponsors, and Users.

1F. Correcting/Updating/Deleting/Deactivating Personal Information

If a User's personally identifiable information changes (such email), or if a User no longer desires the Service, We provide a way to correct, update or delete/deactivate Users' personally identifiable information.

1G. Notification of Changes

If We decide to change our privacy policy, We will post those changes to this privacy notice in places that We deem appropriate. We will use information in accordance with the privacy policy under which the information was collected. If We are going to use Users' personally identifiable information in a manner different from that stated at the time of collection, We will notify Users via email and Users will have a choice as to whether or not We use their information in this different manner.

SECTION TWO: TERMS OF USE

2A. Use of Service

Subject to the terms of these Terms and Conditions, Synergiq grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Synergiq and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Synergiq, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and Synergiq acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Synergiq acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Synergiq, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and Synergiq acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

2B. Content

"Content" is all information, data, text, comments, content ratings, graphics, messages, visual, written or audible communications, or other materials, including, where applicable, materials from third party sites that are displayed and/or accessible on the App.

All Content is protected by copyright and cannot be used outside of the App, reproduced, copied, adapted, modified, merge, distributed, publicly displayed, or used to create derivative words without express written permission.

By agreeing to these Terms of Use, you acknowledge and agree to abide by all copyright licenses in effect.

The Service may include links to sites and information created and maintained by third parties (“Third Party Sites”) for the convenience of Users. Synergiq does not endorse or recommend any specific sites for any particular purposes and is not responsible for the Content or operation of Third Party Sites. Synergiq recommends that You carefully read the terms and conditions and privacy policy of any Third Party Sites that You visit.

2C. Registration

Users must be at least thirteen (13) years of age. If a User is not of the age of majority in the province or country of residence, your acceptance of these Terms of Use will serve to confirm that you have your parent or legal guardian’s permission to register for the Service (and you will provide evidence of such permission to us upon our request).

2D. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

I. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SYNERGIQ EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

II. SYNERGIQ MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS APP, ITS CONTENT AND CONFERENCING, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT AND CONFERENCING ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

III. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

IV. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SYNERGIQ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

V. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY SYNERGIQ AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

2E. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SYNERGIQ SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SYNERGIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

2F. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 2E AND 2G MAY NOT APPLY TO YOU.

2G. Modifications to Service and User Agreement

Synergiq reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Synergiq shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.

Synergiq may change, add or remove any part of this User Agreement, or any other terms associated with the use of the App, at any time, by posting a notice of such changes to the User Agreement available at www.Challenge4Change.ca/AppUserAgreement. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the Service after the notice is posted, You are indicating Your acceptance of those changes.

2H. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned or transferred by Synergiq without restriction.

2I. Severability

If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.

2J. Refusal or Discontinuation of Service

Synergiq reserves the right, in its sole and unfettered discretion, to refuse or discontinue service to You or any User for non-compliance with this Agreement.

2K. Headings for Convenience Only

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

2L. Choice of Law and Forum

This Agreement will be governed by the laws of the Province of Ontario, Canada. Any dispute arising from the terms of this Agreement or breach of this Agreement will be governed by the laws of the Province of Ontario, Canada and You agree to personal jurisdiction by the provincial and federal courts sitting Toronto, Ontario, Canada. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this Agreement.

2M. Copyright - Notice and Take Down

It is Synergiq’s policy to respond to applicable notices of alleged infringement that comply with the notice and take down provisions and processes of the applicable copyright legislation.

2N. Disclosure of Content and Personal Information

You acknowledge, consent and agree that Synergiq may access, preserve, and disclose your Content and any personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Synergiq, the users of the Service and the public.

2O. Synergiq’s Address & Contact Details

Synergiq Solutions Inc. 40 Holly St., Suite 402, Toronto, ON M4S 3C3

If You have any questions or suggestions regarding our User Agreement, please contact us at team@Challenge4Change.ca

App User Agreement