Terms & Conditions

Welcome to Cared Upon

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY USING AND ACCESSING OUR WEBSITE YOU AGREE AND ARE BOUND TO THESE TERMS OF SERVICE.

Introduction

Thank you for your interest in our online listings and reviews we are making available to you as part of our platform through this website www.caredupon.ca (the “Website”).

Our Service

Our service makes available to you online listings, ability to view posted reviews and write reviews subject to our Review Guidelines (the “Services”), which we may update from time to time.

Who We Are

The entity providing the Services is Cared Upon Publishing Ltd. operating as CARED UPON, a company operating under the laws of British Columbia (referred to as “Cared Upon”, “we”, “us”, or “our”) located at 13401 108th Avenue, Suite 1450 Gateway Tower, Surrey, BC, Canada V3T 5T3.

The Applicable Terms

Your use of the Services and the Website is subject to this Agreement and our Privacy Policy  (the “Privacy Policy”), both of which may be updated from time to time (together, this “Agreement”). Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then b you may not use the Services and must immediately cease accessing the Website.

Updates

Cared Upon reserves the right in its sole discretion to, change, modify, add, or remove portions of this Agreement at any time. Cared Upon will provide you with 30 days’ notice of any changes and such changes will take effect immediately after its publication in the Website. If after the publication of the changes you continue using the Services or the Website, such use implies your acceptance of our changes.

Who May use our Services?

Age Requirement

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. Any registration, access to or use of the Services by anyone under such age is unauthorized, unlicensed, and in violation of this Agreement. We have no obligation to confirm that you meet the eligibility requirements outlined above; however, we may, in our sole discretion, terminate your account and prohibit you from accessing or using the Services (or any portion thereof), with or without notice, if we have any reason to believe that you do not meet the eligibility requirements.

Your Use of the Service

Content Available to You

Our Website includes graphics, photos, text, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials. We offer online listings and facilitating reviews in accordance with this Agreement.

Your Information

Our Privacy Policy, which can be found at https://www.caredupon.ca/privacy-policy explains how we treat your personal data and protect your privacy when you access our website or use our Services. You acknowledge that you have read our Privacy Policy as it may be updated from time to time. You consent to the collection, use and disclosure of your personal information (whether previously collected or to be collected) for the purposes identified in this Agreement or in our Privacy Policy.

Your Account

Your use of the Services will not require an account identifying you as a user, however in order to verify reviews we will collect information in accordance with our Review Guidelines.

OWNERSHIP OF CONTENT

Our Content

In this Agreement, “Content” means all materials and content, including any videos, audiovisual materials, multimedia elements, sound recordings, music, designs, editorial, text, graphics, photographs, reports, documents, software, information, formulae, patterns, data and any other work available through our Services.

Except where expressly stated otherwise, all right, title and interest in and to the Services and all Content, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Services (collectively, “Our Content”) is owned and copyrighted by us and is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed to you subject to this Agreement and in accordance with its terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Services or this Agreement grants you any right, title or interest in or to Our Content except the limited right to use the Services as set out in this Agreement. You are not permitted to use trademarks, logos and service marks for any purpose. Except as expressly indicated on the website, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.

Third Party Content

Content accessed or available through the Services or the Internet may be owned by parties other than you or us (collectively, “Third Party Content”) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Services or this Agreement grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Services as set out herein.

Your Content

All right, title and interest in and to comments, ideas, suggestions and impressions of the Services given by you to us (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us you assign to us all right, title and interest to such Feedback.

Use of our Service

Provided that you are eligible to use the Website, you are granted a limited license to access the Website for your commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Services. Without limiting the generality of anything else in this Agreement, you must only use the Services for lawful purposes, and if at any time you become aware of any violation, by any person or entity under your control, of any part of this Agreement, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.

Prohibited Acts

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

You may not, directly or indirectly, do or permit any of the following:

• Reproduce, download, modify, translate, add to, distribute, redistribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, resell, transfer, sublicense, index or exploit any part of the Website, or the Content on the Website in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
  
• Create derivative works from any Content;
  
• Distribute, transmit, publicly display or publish the Content (for any commercial or non-commercial purpose);
  
• Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
  
• Mirror, frame, screen scrape or deep link to any aspect of the Website or access any Content through technology or means other than those provided or authorized by us;
  
• Access the Website via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
  
• Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Website, or tamper with, impair, damage, attack, exploit or penetrate the our system or network, or otherwise attempt to interfere with or compromise the system integrity or our security or any connected networks, or take any action to impact the proper operation of the Website and any person’s or entity’s use or enjoyment thereof;
  
• Bypass the measures we may use to prevent or restrict access to or use of the Website, including by hacking into secured or non-public areas of the Website, circumventing any geo-blocking mechanisms or otherwise;
  
• Use the Website to collect any personally identifiable information, including Account names and e-mail addresses;
  
• Attempt to reverse engineer any aspect of the Website or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Website, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Website; or
  
• Forge headers or otherwise manipulate any protocols or identifiers used in any system or protocol in such a manner to disguise the origin of any data transmitted using the Service, impersonate or falsely represent your association with any person, including our representative.

Suspension and Termination of Your Account

We reserve the absolute right to suspend or terminate your access to all or part of the Services if (a) we believe that you do not meet the eligibility requirements to use the Services; (b) you materially or repeatedly breach the Terms of this Agreement or we believe you are misusing the Services; (c) we are required to do so to comply with a legal requirement or a court order; or (d) we believe there has been conduct that creates (or could create) liability or harm us including but not limited to your infringement of our intellectual property.

Warranties, Disclaimers and Other Legal Terms

Your Determine the Suitability of the Service

You acknowledge and agree that you are exclusively responsible for determining the accuracy, suitability, harmfulness or legality of the Content, information or material received, transmitted or sent by you using the Services.

We Disclaim All Warranties and Representations

YOU ACKNOWLEDGE AND AGREE THAT ALL USE OF THE SERVICES PROVIDED BY US IS AT YOUR OWN RISK. THE SERVICES PROVIDED UNDER THESE TERMS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE OR THAT THE CONTENT WILL BE FREE OR ERRORS OR OMISSIONS.

EXCEPT AS OTHERWISE SET OUT IN THIS AGREEMENT, WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SERVICES. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.

ADDITIONALLY, YOUR USE OF THE SERVICES DEPENDS ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES AND EQUIPMENT THAT IS NOT IN OUR CONTROL; ACCORDINGLY

(a) WE CANNOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE OR CONSISTENCY, AND

(b) DATA, MESSAGES, INFORMATION OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS NOT GUARANTEED.

Limitation of Liability

EXCEPT AS REQUIRED BY APPLICABLE LAW, CARED UPON, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

• ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICES;
  
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES;
  
• ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES;
  
• ANY INTERRUPTION OR CESSATION OF THE SERVICE;
  
• ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
  
• ANY CONTENT WHETHER SUBMITTED BY A USER OR YOUTUBE, INCLUDING YOUR USE OF CONTENT; AND/OR
  
• THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

IN NO EVENT WILL CARED UPON OR ITS AFFILIATES BE LIABLE FOR DAMAGES, EXPENSES, COSTS, LIABILITIES, SUITS, CLAIMS, RESTITUTION OR LOSSES.

GENERAL PROVISIONS

Governing Law and Jurisdiction

These Terms and the rights of the parties hereto are governed by, and will at all times be construed in accordance with, the laws in force in the Province of British Columbia and the laws of Canada applicable therein, without reference to its conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts of the Province of British Columbia in connection with any matter arising out of or in connection with this Agreement.

Severance

If a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

Waiver of Rights and Remedies

Our failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Agreement. Our rights, powers and remedies in this Agreement, including without limitation the right to suspend, restrict or terminate your access to any portion of the Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

Notifications

Subject to our Privacy Policy, we may provide you with notifications via email or through conspicuous posting of such notice on the Website or otherwise through the Services, as we may determine in our sole discretion.

Assignment and Inurement

This Agreement and its Terms cannot be assigned by you. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives and successors.

Survival

All provisions that, by their meaning or nature, are intended to survive termination or expiry of this Agreement shall survive termination or expiration of this Agreement.

Entire Agreement

The Agreement, as amended from time to time, including any and all documents and policies referenced herein, constitutes the entire agreement between us and you with respect to the matters referred to in this Agreement.

Questions and Concerns

If you have any questions or concerns about this Agreement, please contact us by email at hello@caredupon.ca