1. Information We Collect and How We Use It
We may store the information you submit to or through the App, as well as information we collect in connection with your use of the App.
We use the information to fulfill your requests, provide the App’s functionality, improve the App’s quality, personalize your experience, track usage of the App, provide feedback to businesses that are listed on the App, display relevant advertising, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the App, and comply with legal obligations.
Among the information we collect, please note:
- Account Information: If you create an account on Jooay, we may store and use your full name, email address, zip code and other information you may provide with your account, such as your gender and birth date.
- Public Content: The information that you post to the App is intended for public dissemination. We may display this information on the App, share it with businesses, and further distribute it to a wider audience through third party sites and services.
- Communications: When you sign up for an account, you are opting in to receive emails from other App users, businesses, and Jooay itself. If you exchange messages with others through the App, we may store them in order to process and deliver them, allow you to manage them, and investigate possible wrongdoing in connection with the App.
- Activity: We may store information about your use of the App, such as your search activity, the pages you view, the date and time of your visit, and the businesses you call using our mobile applications. We also may store information that your mobile device provides to us in connection with your use of the App.
3. Third Parties
We may share information about you with third parties as follows:
- Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the App; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public.
- Links: The App may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third party websites.
- Facebook and Twitter: If you are logged into Facebook, and you access but are not logged into the App, we may receive information from Facebook to make it easier for you to create an account on the App and show you relevant content from your Facebook friends. You can also connect your Jooay account to your accounts on third party services like Facebook or Twitter, in which case we may collect and store information identifying your account with the third party service. We use the information to help you connect and share public content with your friends and followers.
4. Controlling Your Personal Data
Other users may be able to identify you, or associate you with your account if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the App pseudonymously.
Please also note that the messages you send or receive using the App are only private to the extent that both you and the sender/recipient keep them private. For example, we do not have any control over whether a recipient of one of your messages publicly posts it or its contents.
The App is intended for general audiences and is not directed to persons under the age of 18. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
The information we obtain from or about you may be processed and stored in Canada, Province of Quebec, which may provide for different data protection rules than the country in which you reside.
Terms and Conditions
These terms and conditions (the “Terms”) govern your access to and use of the Jooay mobile application (the “App”). By downloading accessing or using the App, you are agreeing to these Terms and concluding a legally binding contract with Dr. Annette Majnemer Ph.D., Dr. Keiko Shikako-Thomas Ph.D. and McGill University (collectively the “Owner”). Do not access or use the App if you are unwilling or unable to be bound by the Terms.
- “You” and “your” refer to you, as a user of the App. A “user” is someone who accesses, browses, or uses the App in any way or manner. “We”, “us”, and “our” refer to the Owner.
- “Content” means all other forms of data or communication including, without limitation, text, images, photos, audio, video, location data. “Your Content” means Content that submitted by you or through your account in connection with the App, including, without limitation, ratings, reviews, comments and other information as well as information that you publicly display or displayed in your account profile. “User Content” means Content that users submit in connection with the App. “Our Content” means Content that we create and make available in connection with the App. “Third Party Content” means Content that originates from parties other than the Owner or users of the App and which is made available in connection with the App. “App Content” means all of the Content that is made available in connection with the App, including Your Content, User Content, Our Content and Third Party Content.
Changes to the Terms of Service
- We may modify the Terms from time to time. If material changes are made to these Terms we will post a notice on the App prior to the effective date of the changes. Access to and use of the App will at all times be governed by the Terms effective at the time of your access to or use of the App. If we make material changes to these Terms, we will notify you by posting a notice on the App prior to the effective date of the changes. Please consult these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the App after the effective date of modifications to the Terms indicates your acceptance of the modifications.
Using the App
- To access or use the App, you must be 18 years or older and have the legal ability to enter into these Terms and bind yourself legally.
- Permission to Use the App
- We grant you permission to use the App subject to the restrictions in these Terms. We reserve the right to revoke your permission to use or access the App at any time.
- Assumption of Risk
- Your use of the App is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You expressly agree to accept such risk and you release the Owner from any and all liability in connection with such risk to the full extent permissible by law.
- The Owner makes no representation, warranty or guaranty with regards to the accuracy or appropriateness of any Content.
- App Availability
- The App may be updated, modified, interrupted, suspended or discontinued at any time for any reason without notice. The Owners shall not be liable in connection with any such modification interruption, suspension or discontinuance.
- User Accounts
- You will be invited to create an account and provide certain information about yourself. An account will be required in order to use some of the features that are offered through the App. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. We reserve the right to close your account at any time for any or no reason.
- Your account is for your personal, non-commercial use only.
- Communications from the Owner and other Users
- By creating an account, you agree that you may receive certain communications in connection with the App including communications from us or other uses.
- Responsibility for Your Content
- You alone are responsible for Your Content, and once uploaded, disseminated or published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by the Owner.
- You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any intellectual property rights including, without limitation any copyright, trademark, patent, trade secret, moral right, privacy right, or right of publicity; you may also expose yourself to liability if Your Content contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation or breaches any agreement or contract with any third party.
- Our Right to Use Your Content
- We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own webApps and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the App and any Other Media the right to access Your Content in connection with their use of the App and any Other Media. You grant us and we reserve the right to remove, screen, edit or reinstate any of Your Content in our sole and unfettered discretion, without notice to you.
- As between you and The Owner, you own Your Content. We own Our Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Our Content and the App, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Our Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and Our Content are retained by us.
- The Owner and its licensees may publicly display advertisements and other information adjacent to or included with Your Content, without any compensation to you.
- User Content does not necessarily reflect the opinion of The Owner. We reserve the right to remove, screen or edit User Content, from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
- Responsibility for Your Content
- We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- You agree not to, and will not assist, encourage, or enable others to use the App to:
- Violate our Content Guidelines, for example, by writing a false or defamatory review, receiving compensation for writing reviews or trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;
- Violate any third party’s rights, including contractual rights, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the App for commercial purposes, except in connection with a Business Account and as expressly permitted by The Owner;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law, including, without limitation, laws against stalking, bullying and spam.
- You also agree not to, and will not assist, encourage, or enable others to:
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the App or App Content (other than Your Content), except as expressly authorized by The Owner;
- Use any robot, spider, App search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the App or any App Content;
- Reverse engineer any portion of the App;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the App or on any materials printed or copied from the App;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of the App for purposes of constructing or populating a searchable database of business reviews;
- Reformat or frame any portion of the App;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on The Owner’s technology infrastructure or otherwise make excessive traffic demands of the App;
- Attempt to gain unauthorized access to the App, user accounts, computer systems or networks connected to the App through hacking, password mining or any other means;
- Use the App or any App Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
- Use any device, software or routine that interferes with the proper working of the App, or otherwise attempt to interfere with the proper working of the App;
- Use the App to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the App or App Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the App, features that prevent or restrict the use or copying of App Content, or features that enforce limitations on the use of the App.
- The restrictions above only apply to the extent permissible under applicable law.
Guidelines and Policies
- Content Guidelines – You represent that you have read and understood the following guidelines (“Content Guidelines”):
- Be polite and respectful of other user and people;
- Avoid profanity and obscenity;
- Do not make any threats, do not harass anyone, do not post any racist, sexist or bigoted Content;
- Do not promote, review or comment on your own business or any business competitive with yours;
- Respect other people’s private information and images. Do not post photos while violate other’s expectations of privacy;
- Post your own text, comments, photos and content. Do not use someone else’s content from other websites or mobile applications.
- You agree to indemnify, defend, and hold The Owner and its officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the App, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the App, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Owner reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of The Owner. The Owner will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers and Limitations of Liability
- PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE OWNER ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE APP. BY ACCESSING OR USING THE APP, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- THE APP IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WHERE IS” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE OWNER MAY NOT MONITOR, SCREEN OR CONTROL USER CONTENT. AS SUCH, YOUR USE OF THE APP IS AT YOUR OWN DISCRETION AND RISK. THE OWNER ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE APP, ITS SAFETY OR SECURITY, OR THE APP CONTENT, AND THE OWNERS EXPRESSLY EXCLUDE ALL WARRANTIES TO THE FULL EXTENT PERMISSIBLE BY LAW. ACCORDINGLY, THE OWNER ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE APP’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE APP.
- THE OWNER MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE APP OR THE APP’S USERS. ACCORDINGLY, THE OWNER IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE APP. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE APP IS AT YOUR OWN DISCRETION AND RISK.
- THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE APP, AND IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE OWNER SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE APP, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE APP.
- THE OWNER MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE APP OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE OWNER IN CONNECTION WITH THE APP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
- THE OWNER DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
- You may terminate the Terms at any time by closing your account, discontinuing your use of the App.
- We may close your account, suspend your ability to use certain portions of the App, and/or ban you altogether from the App for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the App, Your Content, App Content, or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections 1, 4, 7, 8 and 10 will continue in full force and effect, including our right to use Your Content as detailed in Section 4.
- We reserve the right to modify, update, or discontinue the App at our sole discretion, at any time, for any or no reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the App.
- Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the App, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on The Owner’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provisions of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the other portions hereof, all of which provisions are hereby declared severable.
- The rights of the parties hereto and the provisions hereof shall be interpreted and construed according to the laws of the Province of Quebec and the federal laws of Canada insofar as each has constitutional jurisdiction.
- WITH RESPECDT TO ANY DISPUTE, YOU AGREE TO SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION OF THE SUPERIOR COURT AND THE COURT OF QUEBEC IN THE JUDICIAL DISTRICT OF MONTREAL.
- The singular shall be read plural and the plural shall be read singular where the context so dictates.
- The parties have requested that this Agreement and all court proceedings thereto related be drafted in English. Les parties aux présentes ont exigé à ce que ce contrat et toutes procédures judiciaires y afférentes soient rédigés en anglais.