A Safer Walk Terms and Conditions of Use
Effective: July 19, 2022
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS
LIMITATIONS AND EXCLUSIONS. THE FOLLOWING DESCRIBES THE TERMS ON WHICH
1856137 ALBERTA LTD. OFFERS YOU ACCESS TO OUR MOBILE APP AND OTHER
SERVICES.
These Terms and Conditions (the “Terms”) are a legal agreement between you and 1856137
Alberta Ltd. d/b/a A Safer Walk (hereinafter referred to as “we”, “us”, or “our”) relating to the
mobile application A Safer Walk, our website asaferwalk.com and the features, tools, materials
or services made available on these platforms (collectively, the “Services”). By using the
Services, you agree to comply with and be legally bound by the Terms, whether or not you
become a registered user of the Services.
Accessing or using any of the Services is the equivalent of your signature and indicates your
acceptance of the Terms, as amended from time to time, and that you intend to be legally bound
by the Terms. These Terms should be read in conjunction with our Privacy Policy which is
incorporated herein by reference. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY
THE TERMS YOU MUST NOT ACCESS OR USE THE SERVICES.
We reserve the right at any time and from time to time to modify, edit and update these Terms
and any of our policies, effective upon posting of an updated version of these Terms on the
Services. When we do, we will revise the date at the top of this page. You should review these
Terms and all policies regularly to make sure that you are aware of any changes. Your access
and use of the Services on and after the date on which we post the revised terms constitutes
your acceptance of the Terms as revised as well as of any revised policies.
IMPORTANT INFORMATION: YOU AGREE THAT IT IS SOLELY YOUR RESPONSIBILITY TO
ENSURE THAT YOUR ACCESS TO AND USE OF THE SERVICES COMPLIES WITH THE
LAWS OF YOUR JURISDICTION. WE MAKE NO REPRESENTATION THAT THE SERVICES
ARE APPROPRIATE FOR USE OUTSIDE CANADA, OR AVAILABLE OUTSIDE OF CANADA
AND THE U.S. WE ARE NOT RESPONSIBLE FOR ANY CRIMINAL OR OTHER ACTIVITIES
CONTRARY TO LAW WHICH ANY USERS ENGAGE IN WHILE USING THE SERVICES.
1. THE SERVICES
1.1 Services. The Services constitute the provision of a technology platform that allows
users to connect with other users to share walks, cabs, public transit or other activities.
The Services merely permit users to connect online and make arrangements to meet.
We are not involved in any face-to-face or other direct or indirect contact between users.
We take steps to verify the identities of users. However, we have no control over
the conduct of our users or the truth or accuracy of the information that users
post on the Services or that is provided via the Services. We reserve the right, but
have no obligation, to intervene in any interaction occurring on or through the Services
or take any other action in any manner that we see fit, in our sole discretion.
We merely make available a platform to facilitate user interactions. We are not a
contracting agent or representative of any user. Our sole role is to facilitate the
availability of the platform for users to connect, and to provide services related thereto.
1.2 Private Groups. The Services may be offered to organizations for use by limited groups
of people who meet set criteria established by contract (“Private Group Contract”). The
Services accessed by users under a Private Group Contract may include different
features and add-ons compared to the Services which are generally available to the
public.
1.3 Eligibility. The Services are exclusively for use by individuals who:
(a) are of the age of majority in their jurisdiction of residence or, if not, are permitted
to use the service under a Private Group Contract;
(b) are verified through one of our user verification systems (discussed below);
(c) are permitted to use the Services in their jurisdiction of residence; and
(d) have full power, authority and capacity to agree to these Terms.
By using the Services, you represent and warrant that you meet the above eligibility
requirements.
1.4 User Verification. To register for the Services, users are required to undergo verification
and screening procedures, conducted by us or on our behalf, to confirm their identity and
eligibility for the Services. As part of this process, you will be required to provide us with
personal information, including, but not limited, to a copy or photograph of your
government-issued identification or other proof, photographic or otherwise, of your
identity and, in some circumstances, you may be required to provide sensitive personal
information such as a criminal background check or medical information. You expressly
authorize us, directly or through a third party, to make any inquiries we consider
necessary to verify your identity and to share your personal information with our third
party service providers as required to fulfill these purposes.
Applications are usually processed within 24 hours, though in some cases verification
may take up to 2 weeks.
Decisions to accept user registration based on user verification are at the sole discretion
of us or those acting on our behalf and may not be appealed.
While we do complete user verification as part of our onboarding process, we do not
endorse any persons who use or register for our Services or verify the information
that any user submits to the Services beyond what is set out in these Terms. We
make no representations or warranties regarding any user’s reputation, conduct,
morality, or criminal background.
You are responsible for providing us with accurate information relating to you. We will
have no liability or responsibility for any consequences of or verification or screening as
described herein, including but not exclusive of any potential or actual permanent or
temporary inability to access or use any of the Services.
1.5 Your Experience with Other Users. The Services may include features to assist users in
verifying the identity of other users. However, you are solely responsible for determining
the suitability of other users and other persons who you may contact as a result of using
the Services. You are solely responsible for your interactions with other users of our
Services and other persons relating to any information obtained via the Services. We encourage you to use the same caution in disclosing details about yourself to third parties on the Services as you would in any other circumstances.
We will not be responsible for any damage or harm resulting from your
interactions with other users of our Services. We reserve the right, but have no
obligation, to monitor interactions between you and other users of our Services and to
take any other action in good faith to restrict access to or the availability of any material
on the Services that we or another user of our Services may consider to violate user
obligations.
1.6 Modification of Services. We may, in our sole and absolute discretion and without liability
to you, with or without prior notice and at any time, modify or discontinue, temporarily or
permanently, any portion of the Services.
2. USER CONDUCT
2.1 Minors. Minors must not use the Services without permission from their parent or legal
guardian. In the event that you authorize a minor to use the Services, you are fully
responsible for: (a) the online conduct of that minor; (b) controlling the minor’s access to
and use of the Services; and (c) the consequences of any misuse of the Services by the
minor.
2.2 Legal Compliance. You must use the Services in a manner consistent with any and all
applicable local, municipal, provincial, federal and international laws and regulations.
You agree that you bear all responsibility and liability compliance with all application
laws, regulations, codes, and policies. The Services are not intended for use in any
jurisdiction where their use is not permitted.
2.3 Rules and Restrictions. In connection with your use of our Services, you must act
responsibly and exercise good judgment.
Without limiting the foregoing, you further agree not to do any of the following:
• Use the Services other than for their intended purpose, or in any manner not
expressly permitted in these Terms;
• Use the Services in any manner that could disable, overburden, damage or impair
the Services or interfere with any other party’s use of the Services including their
ability to engage in real time activities through the Services;
• Attempt to defeat any security measures that we take to protect the Services;
• Attempt to interfere with the proper working of the Services, including but not
limited to through hacking, ransoming, or other attacks upon the services provided
by and function of the Services;
• Register for more than one user account or register for a user account on behalf of
an individual other than yourself;
• Use the Services to fraudulently misrepresent yourself, impersonate another
person or engage in false advertising;
• Use the Services to transmit, distribute, post or submit any information concerning
any other person or entity, without their permission, including without limitation,
photographs, personal contact information, or credit, debit, calling card or account
numbers;
• Use the Services to “stalk” or harass any other user of our Services or collect,
store, transmit or disclose any information about any other user other than for
purposes of contacting one another in accordance with the purposes of the
Services;
• Post or transmit any content or submissions, about yourself or another person or
entity, including any messages, ads, data, images, text illustrations, articles,
photographs, or audio or video clips that might be considered by a reasonable
person to be obscene or that contain racial, ethnic, religious slurs or derogatory
epithets, or that advocate violence or hate, is threatening, abusive, libellous,
defamatory, obscene, vulgar, pornographic, harassing in nature, profane or
indecent material of any kind;
• Use the Services to violate any local, municipal, provincial, national, or other law or
regulation, or any order of a court or in any manner that promotes or enables illegal
or unlawful activities; or
• Advocate, encourage, or assist any third party in doing any of the foregoing.
The foregoing is merely a list of examples of prohibited conduct. Unauthorized use, such
as is set out above, is a material breach of these Terms, and may also violate applicable
laws, regulations and statutes. We may in our sole discretion terminate your use of the
Services for violating these Terms or for other conduct that we deem harmful to others.
We reserve the right to cancel a user account or take other appropriate actions in its sole
discretion in response to any inappropriate conduct, or for no reason at all. In the event
of termination, you are no longer authorized to access the Services, and we will use
whatever means necessary to enforce this termination.
2.4 Disputes with Other Users. You are solely responsible for your interactions with other
users. We reserve the right, but have no obligation, to monitor disputes between you and
other users.
You agree that any legal remedy or liability that you seek to obtain for actions or
omissions of other users will be limited to a claim against the particular user or users
who caused you harm. You agree not to attempt to impose liability on, or seek any legal
remedy from us and you release us from any and all claims, demands, damages (actual,
consequential, nominal, punitive, or otherwise), equitable relief, and any other legal,
equitable, and administrative remedy, of every kind and nature, whether known or
unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future,
arising out of or in any way connected with your communication or interaction with other
users on the Services in connection with the Services.
3. USER ACCOUNTS
3.1 The Services may require registration and the creation of an account. Should you
choose to register for any such Services or related features, you agree to provide
accurate and current information about yourself as required by the registration process,
and to promptly update such information as necessary to ensure that it is kept accurate
and complete. Providing false contact information of any kind may result in the
termination of your account. You may not assign or otherwise transfer your account to
any other person or entity.
You agree to be responsible for maintaining the confidentiality of any passwords or other
account identifiers you choose or are assigned as a result of creating an account for
registration as well as all activities that occur under such account. You agree to
immediately notify us of any unauthorized uses of your account or any other breaches of
security on the Services.
We will not be liable or responsible in any way for any loss or damage of any kind
incurred as a result of or in connection with your failure to comply with this section of
these Terms.
We reserve the right to disable any user account issued to you at any time in our sole
discretion. If we disable access to a user account issued to you, you may be prevented
from accessing the Services, any content, your account details or any user content.
4. YOUR CONTENT
4.1 You Grant Us a License. By submitting any content (including without limitation, any
photograph, words, pictures, symbols or information) to the Services, you hereby grant
us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display,
perform, adapt, modify, sell, distribute, have distributed and promote such content in any
form, in all media now known or hereinafter created and for any purpose, subject to the
privacy provisions in these Terms. You represent and warrant that you have sufficient
rights to grant us this license.
By providing content to the Services, you hereby:
(i) waive all moral rights in your content in favour of us;
(ii) acknowledge and agree that we are not responsible for any loss,
damage, or corruption that may occur to your content, and we are not
required to make any use of your content; and
(iii) acknowledge and agree that your content will be non-confidential.
4.2 Content Restrictions. You are solely responsible for any content that you submit, post or
transmit via our Services and it must not contravene your obligations under these Terms
or any applicable laws.
We will not be responsible for any damages you or any third-party may suffer as a result
of the submission, transmission, storage or receipt of confidential or proprietary
information that you make or that you expressly or implicitly authorize us to make, or for
any errors or any changes made to any submitted, transmitted, stored or received
information. You are solely responsible for the retrieval and use of the content of the
Services. You should apply your own judgment in making any use of any content,
including, without limitation, the use of the information as the basis for any conclusions.
WE ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THE SERVICES.
THE CONTENT ON THE SERVICES MAY BE CHANGED WITHOUT NOTICE TO YOU.
WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU
MAY FIND UNDESIRABLE OR OBJECTIONABLE. WE DISCLAIM ANY LIABILITY FOR
UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SERVICES.
ACCESSING ANY CONTENT FROM JURISDICTIONS WHERE IT MAY BE ILLEGAL
IS PROHIBITED.
4.3 No Obligation to Post Content. We have no obligation to post any content from you or
anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or
delete any content that you post or submit.
5. THIRD-PARTY CONTENT
5.1 The Services may, from time to time, contain, link to or reference third party websites,
resources and advertisers (collectively, “Third Party Material”). Accessing such Third
Party Material is at your own risk. We are not responsible for the accuracy or reliability of
any Third Party Material. All statements and opinions expressed in any such third-party
content, other than the content provided by us, are solely the opinions and the
responsibility of the person or entity providing those materials. We do not investigate,
monitor, or check Third Party Material for accuracy or completeness. We are not
responsible for the availability of Third Party Material, and are providing it to you only as
a convenience and may discontinue providing it at any time in our sole discretion without
notice to you. No endorsement of any third party content, information, data, opinions,
advice, statements, goods, services or products is expressed or implied by any Third
Party Material. You must evaluate the veracity of, and bear all risks associated with your
exposure to, Third-Party Content, including without limitation, profiles of other users of
our Services.
6. OUR INTELLECTUAL PROPERTY RIGHTS
6.1 Our Intellectual Property. All content, software code, designs, data, and other elements
of the Services is either owner or licensed by us, and is protected by rights of publicity,
copyright, trademark, trade secret, and other proprietary rights and intellectual property
rights as applicable. Except as expressly authorized by us or as granted in the limited
license in these Terms, you may not sell, license, rent, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create
derivative works or otherwise use any of the foregoing without our prior written approval.
You may not remove or obscure the copyright notice or other notices contained in
information or products retrieved from the Services. Neither these Terms nor your use of
the Services convey or grant to you any rights to use or reference in any manner our
brand elements, company names, logos, trademarks or services marks or those of our
licensors.
All of our trademarks are protected by Canadian law. Unauthorized use of our
trademarks is strictly prohibited. All other trademarks, domain names, titles, content,
company names, artwork, logos and associated imagery are intellectual property of their
respective owners. All rights reserved.
6.2 Your Use of Our Intellectual Property. These Terms provide to you a personal,
revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use
the Services conditioned on your continued compliance with these Terms, all other
requirements we impose for the Services, and all applicable laws and regulations. From
time to time we may alter, amend, reduce or eliminate any function or elements of the
Services, or may revoke this license, at our sole discretion.
You may not systematically retrieve data or other content from our Services to create or
compile, directly or indirectly, in single or multiple downloads, a collection, compilation,
database, directory or the like, whether by manual methods, through the use of bots,
crawlers, or spiders, or otherwise. You may not display any portion of our Services in a
frame (or any content from our Services through in-line links) without our prior written
consent, which may be requested by contacting us at [email protected] .
7. FEEDBACK
7.1 Should you provide any feedback or commentary to us relating to the Services or
otherwise (collectively the “Feedback”) you hereby assign all rights, title and interest in and to such Feedback to us, including but not limited to all intellectual property rights therein and relating thereto, and you further hereby waive all moral rights therein in our favour. We reserve the right to utilize such Feedback in any manner, or to decline to utilize the Feedback in any manner, at our sole discretion. For clarity, you will not have
any rights, title or interest in any use made of the Feedback, including but not limited to,
any products or services developed from the Feedback.
8. CONSENT TO ADVERTISEMENT; NO ENDORSEMENTS
8.1 By using the Services, you consent to us posting advertisement materials on portions of
the Services. Unless expressly stated, we do not recommend or endorse any particular
brand of products, services, procedures, or other information that appears or is
advertised from time to time on the Services.
9. THIRD PARTY LINKS AND SERVICES
9.1 The Services may contain links to third party websites and/or services provided by third
parties. These links are provided for convenience only and not an endorsement by us of
any third party website, its content, or any third party services. Unless specifically stated,
we do not operate any third party websites and we are not responsible for any content
thereof or third party services, nor do we make any representation, warranty or covenant
of any kind regarding any third party website or services.
The Services are not to be linked to or from any third party website. We reserve the right
to prohibit or refuse to accept any link to the Services at any time and may remove a link
without notice. You agree to remove any link to the Services you may have acquired or
stored on at our request.
If you enable, access or use third party services available on the Services, be advised
that your access and use of such other services are governed solely by the terms and
conditions of such other services, and we do not endorse, are not responsible or liable
for, and make no representations as to any aspect of such other services, including,
without limitation, their content or the manner in which they handle data (including your
data) or any interaction between you and the provider of such other services. You
irrevocably waive any claim against us with respect to such other services. We are not
liable for any damage or loss caused or alleged to be caused by or in connection with
your enablement, access or use of any such other services, or your reliance on the
privacy practices, data security processes or other policies of such other services. You
may be required to register for or log into such other services on their respective
websites. By enabling any other services, you are expressly permitting us to disclose
your data as necessary to facilitate the use or enablement of such other service.
10. PRIVACY
10.1 Please refer to our Privacy Policy for information about how we collect, use, and share
your information.
11. DISCLAIMER OF WARRANTIES
IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ARE SOLELY
RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR
TRANSMISSION. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT CHECK
USER’S BACKGROUND OR RECORD EXCEPT AS SET OUT IN THESE TERMS. THE SERVICES ARE A REPUTATION-BASED SYSTEM. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION:
(i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT;
(ii) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL
CONFORM TO ANY SPECIFICATIONS RELATING TO THE SERVICES;
(iii) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, OR FREE FROM VIRUSES OR HARMFUL
COMPONENTS;
(iv) THAT ANY INFORMATION THAT YOU MAY OBTAIN THROUGH THE
SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, TIMELY OR
RELIABLE;
(v) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS;
(vi) THAT ANY ERRORS IN ANY SERVICES, DATA OR SOFTWARE WILL
BE CORRECTED.
12. LIMITS ON LIABILITY
12.1 UNDER NO CIRCUMSTANCE WILL WE, OUR DIRECTORS, OFFICERS,
EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT
THIRD-PARTY CONTRACTORS BE LIABLE FOR DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, GENERAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES), INCLUDING,
WITHOUT LIMITATION, PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST
INCOME OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE
RESULTING FROM ANY USE OF THE SERVICES. WE, OUR DIRECTORS,
OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND
INDEPENDENT THIRD-PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY
DAMAGES, LIABILITY OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH, INCLUDING ANY ARISING FROM OR RELATING TO: (A)
THE USE OR INABILITY TO USE OUR SERVICES; (B) HARM OR DAMAGE TO
YOUR PROPERTY OR ANY PERSON AS A RESULT OF USING OUR SERVICES; (C)
DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
CONTENT; (D) ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD
PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES;
(E) STATEMENTS, CONDUCT OR OMISSIONS OF THIRD PARTIES ON OUR
SERVICES; OR (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN
CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT
LIMITATION FROM INTERACTIONS WITH OTHER USERS OF OUR SERVICES OR
PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR
OFF-LINE.
12.2 WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND
CONDUCT OF ANY THIRD-PARTY USER OR SERVICES PROVIDER OF THE
SERVICES, OR ANY ADVERTISER OR SPONSOR OF THE SERVICES
(COLLECTIVELY, “THIRD-PARTY”). UNDER NO CIRCUMSTANCES SHALL WE OR
OUR OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS OR
INDEPENDENT THIRD-PARTY CONTRACTORS BE LIABLE FOR ANY INJURY,
LOSS, OR DAMAGE OF ANY KIND (INCLUDING DIRECT, INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES), OR EXPENSE ARISING
IN ANY FASHION WHATSOEVER FROM:
(i) THE ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD-PARTY; OR
(ii) ANY ACCESS, USE, RELIANCE UPON OR INABILITY TO USE ANY
MATERIALS, CONTENT, GOODS, OR SERVICES LOCATED AT, OR
MADE AVAILABLE AT, ANY WEBSITE LINKED TO OR FROM THE
SERVICES, REGARDLESS OF THE CAUSE AND WHETHER ARISING
IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING
LIMITATION SHALL APPLY EVEN IF WE KNEW OF OR OUGHT TO
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY
IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR
THESE TERMS EXCEED THE SUM OF ONE HUNDRED CANADIAN DOLLARS
($100).
13. INDEMNITY
13.1 You agree to indemnify 1856137 Alberta Ltd. and any of its affiliated companies and
each of their respective their directors, officers, employees, shareholders, agents, and
licensors from any claim, demand, losses, or liabilities, including reasonable legal fees,
made by any third party due to content you submit or transmit through the Services, your
use of the Services, your violation of these Terms or your violation of any rights of
another. You agree to cooperate as fully as may be reasonably possible in the defense
of any such claim. We reserve the right to assume, at our own expense, the exclusive
defense and control of any matter otherwise subject to indemnification by you.
14. COMPLIANCE WITH INVESTIGATIONS
14.1 We will cooperate with any investigation by any federal, provincial, or local body or any
court or tribunal legitimately exercising its rights. Such cooperation may occur without
any notice being provided to you.
15. TERMINATION
15.1 Termination by Us. We may, in our sole discretion, cancel or terminate your right to use
the Services or any part of the Services at any time without notice. In the event of
termination, you are no longer authorized to access the Services or the part of the
Services affected by such cancellation or termination. The restrictions imposed on you
with respect to material downloaded from the Services, the disclaimers, and limitations
of liabilities set out in this Agreement shall survive termination of this Agreement. We
shall not be liable to you or to any third party for such termination.
15.2 Termination by you. You may terminate these Terms at any time and with immediate
effect by requesting (by email or through any then-available interfaces on the Services)
that your user account be deleted or deactivated, ceasing use of the Services and
uninstalling and removing all local software components thereof from your systems,
including removing the Services from your mobile device.
16. USE PROHIBITED WHERE CONTRARY TO LAW
16.1 Use of the Services is unauthorized in any jurisdiction where the Services or any of the
content may violate any laws or regulations. You agree not to access or use the
Services in such jurisdictions. You agree that you are responsible for compliance with all
applicable laws and regulations. Any contravention of this provision, or any provision of
these Terms is entirely at your own risk.
17. GOVERNING LAW
17.1 These Terms shall be governed by and construed in accordance with the laws of the
Province of Alberta and the federal laws of Canada applicable therein, notwithstanding
conflict of law principles. The parties hereby attorn to the courts of the Province of
Alberta.
18. MISCELLANEOUS
18.1 These Terms contain the entire agreement, and supersede all prior and
contemporaneous understandings between the parties. Our failure or delay in exercising
any right, power or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or
enforceability of any other of these Terms, all of which shall remain in full force and
effect. We may assign our rights and delegate our obligations under these Terms in
whole or part to a third party. Headings of sections are for convenience only and shall
not be used to limit or construe such sections. Terms that survive by their nature shall
survive termination of these Terms, including proprietary rights, limits on liability,
indemnities, all fee obligations, protections for the Services, and other such terms as
survive by their nature, by not including any license or right to the Services provided
herein by us.
19. CONTACTING US
19.1 Please contact us at info(at)asaferwalk.com with any questions regarding these Terms.