Porpoise App (Ongozah Inc.) Terms And Conditions
The Company reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Product and to suspend and/or deny Users’ access to the Product for any reason. Any dated information is published as of its date only, and the Company does not undertake any obligation to update or amend any such information. The Company may discontinue or change any services or products described in or offered on the Product at any time. You agree that the Company and its subsidiaries, affiliates and licensees will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Passwords / Registration
You must supply the Company with a valid email address and password prior to using the Product. You hereby agree that you shall be the only authorized user of the Product under this Agreement and shall be solely responsible for the confidentiality of any user name, password or other device required to access the Product (“Passwords”). You understand that you shall be solely responsible for all Product activity utilizing such Passwords. You agree that use of such Passwords shall act as an electronic signature, and shall be considered the legal equivalent of agreement by your signed written signature.
Should you become aware of any unauthorized use of your Passwords, you must immediately notify the Company. Upon receipt of such notice, the Company shall take reasonable steps to stop any activity using these Passwords, but neither the Company, nor any of its directors, officers, employees, agents, affiliates or representatives can or will have any responsibility or liability to any person whose claim may arise for any claims with respect to the handling or mishandling of any transaction on the Product resulting from the unauthorized use of these Passwords.
Users visiting the Product for any purpose certify that at the time of their visit they have attained the age of majority in their jurisdiction, or if Users are below the age of majority in their jurisdiction at the time of their visit, Users certify that they have obtained the express consent of their parent(s) and/ or guardian(s) to do so.
Trademarks and Intellectual Property
The Company either owns or has the right to license the intellectual property rights, including copyright, in the information found on the Product.
Particular words, phrases, names, designs or logos used on the Products may constitute trademarks, service marks or trade names (collectively, “Trademarks”) of the Company or other entities. The display of any trade marks on the Products does not imply that a license has been granted for any further use. Any unauthorized downloading, retransmission or other copying or modification of trademarks or other contents of the Product may be a violation of statutory or common law rights which could subject the violator to legal action. No license of any Company intellectual property is granted by use of, or membership to, the Products.
The Company does not assume responsibility for the accuracy or appropriateness of the information contained in any third party websites or information to which the Product refers or links. In providing links to such sites, the Company in no way acts as a publisher of the material contained on external or third party websites, nor does it control the content of, or maintain any editorial control over such sites. Such references or links to such third party or external websites is not to be construed to imply that the Company is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. Reference to any other party or any other products and services on the Product is not an endorsement of that party, its products or its services.
Information and content provided on the Product is believed to be reliable when posted; the Company does not, however, guarantee the quality, accuracy, completeness or timeliness of the information provided. The Company is under no obligation to update the information found on the Product. Typographical errors may occur in the information found on the Product. The Company may, without notice to the any parties using the Product, make changes to the information found on the website.
Information and content appearing on the Product is created and generated by, and uploaded to the Product by, the Product’s Users. The Company bears no responsibility for such content or the nature thereof. The User hereby agrees to indemnify and hold harmless the Company in respect of any damages or loss whatsoever arising from, or as a result of, information or other content on the Product.
Access to this Product is provided on an ‘as is’ basis. You shall not assume that your use of the Product will be error-free or that the Product will operate without interruption. The User(s) acknowledge(s) that the Product may operate at varying capabilities, speeds and efficiencies depending upon which browser and or devices the User(s) choose(s) to employ when visiting the Product. The Company disclaims all warranties, representations and conditions regarding use of the Product or regarding the information provided, including all implied warranties or conditions of merchantability, fitness for particular purposes, non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.
Limitation of Liability
The Company is not responsible for any direct, indirect, special, incidental, consequential or any other damages whatsoever and howsoever caused arising out of, or in connection with, the use of the Product, Users’ reliance upon the information available on the Product, or the transmission of confidential information between the Company and the User over the Internet. In any and all events, any liability of the Company is limited in all cases to a maximum of One Hundred Dollars ($100.00) in Canadian currency. You undertake and agree that you will not commence any action against the Company by way of class proceedings or similar type of action.
Choice of Law
Where appropriate, the laws of Canada and the laws of New Brunswick shall govern as to the interpretation, validity and effect of this Agreement notwithstanding any conflict of laws provisions or your domicile, residence or physical location.
Severability & Waiver
If any provision of this Agreement is determined to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, of competent jurisdiction, such determination shall not affect the validity of the remaining provisions of this Agreement.
Except as specifically permitted in the Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized representative of the Company.
All contact information is available on the Site under “Contact Us”.