Last updated: November 27, 2019
Disclaimers and Limitation of Liability
The entire content included on the Website, including but not limited to text, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips, software and links to external websites ("Content"), is provided for informational purposes only and is protected, without limitation, according to Canadian and foreign copyright, trademark and other laws.
Certain jurisdictions do not allow the exclusion or limitation of legal warranties, liability, or certain damages or limitations of representations made concerning goods or services. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you.
Our intention is for the Content on the Website to be accurate and reliable. However, the Website and the Content are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind, whether expressed or implied. We make no representation or warranty whatsoever regarding the accuracy of the information presented on or through the Website. To the fullest extent possible by applicable laws, we disclaim all warranties, express or implied, including, but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose, non-infringement of third-party rights, freedom from computer virus, and warranties arising from a course of dealing or course of performance. We do not represent or warrant that the functions contained in the Website will meet your requirements, be uninterrupted, timely or error free, that defects will be corrected, or that the Website or the server which makes the Website available are free from malfunctions, viruses or other harmful components such as security breaches, tampering, or other unauthorized interventions. In no event shall we be liable for any damages, loss, or liability whatsoever, including direct, indirect, special, punitive, incidental, or consequential damages, arising out of or in connection with the use or performance of the Website or any other site you may access while using the Website or your use of the Content, even if we have been advised of the possibility of such damages, losses, or liabilities. You should take into consideration that e-mail and other submissions made over the internet may not be secure before e-mailing us or making any other submissions over the internet.
You acknowledge that we relied on the disclaimers, limitations and exclusions of liability set out in these Terms when making the Website available to you, and that these disclaimers, limitations and exclusions of liability are an essential part of this agreement between you and us.
Jurisdiction and Governing Law
The Website is provided by Star App Solutions INC, located in British Columbia, Canada. If you access or use the Website from another location, you are responsible for compliance with local laws, if and to the extent that local laws apply.
These Terms are governed by British Columbia law, without giving effect to any principles of conflicts of law. To the extent allowed by applicable law, you agree that any legal dispute arising from, in relation to, or in connection with these Terms or the Website shall be filed only in the provincial or federal courts located in British Columbia, Canada and hereby submit to the non-exclusive jurisdiction of the British Columbia courts. You also agree that, to the extent allowed by applicable law, regardless of any statute or law to the contrary, any claim or cause of action arising from, in relation to, or in connection with the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or it will be barred forever.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
Dealing with Third Parties and Advertisers
Any communication or deals with any third parties including merchants, sellers, buyers, advertisers or any other linked sites (“Sellers”) found on, or through, the Website is solely between you and such third parties, and we have no control over the quality or legality of the Content advertised, the accuracy of any representations made by Sellers, the ability of Sellers to sell, and the ability of buyers to purchase. Being exposed to advertising is a condition of you accessing the Website. The inclusion of a Seller’s links, descriptions, references, products, services, information, or publications on our Website does not imply endorsement or sponsorship by us of the Sellers nor of us by the Sellers. Should you choose to click on a Seller’s link, you do so at your own risk, and it is your responsibility to take protective measures against viruses and any collection, use, and disclosure of your personal information. We are not responsible for the accuracy, legality, or relevancy of the material contained in any linked site nor are we responsible for any damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. It is your responsibility to determine the reliability, relevance, accuracy and completeness of any content provided by a Seller on the Website. You and the third party, not us, are responsible for compliance with all laws applicable in any such transaction. We are not liable for any products, services, or other content shown by the Sellers. Please review any Seller’s Terms and Conditions before using their site. Any concerns relating to the Seller should be sent directly to the Seller.
You acknowledge and agree that use of the Website is at your sole risk. You agree to defend, indemnify and hold us and our affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or users of your account, or in any way arising out of the use of the Website, including without limitation, the placement, or transmission of any information or other materials on the Website by you or users of your account.
Prohibited Use of the Website
You shall not use or access the Website in any way that would interfere with our operation, harm us, or a third party.You shall not access parts of the Website which are not authorized for you to access. You shall not do anything that could possibly disable or damage the Website.
The framing, scraping, data-mining, extraction, or collection of the Content of the Website in any form and by any means whatsoever is strictly prohibited. You may not mirror any material contained on the Website.
You may create a link ("Hyperlink") to the Website provided that:
a). You do not replicate any of the Content of the Website;
b). You do not create a frame or any other bordered environment around the Website or any of the Content contained on the Website;
c). The Hyperlink does not imply any endorsement of any product or services;
d). The website linking to the Website does not contain distasteful or offensive material including, but not limited to, material intended for an adult audience and pornographic material; and
e). The website linking to the Website does not contain any information, content or material that would interfere with the operation of the Website nor which libels, defames, invades privacy, is obscene, abusive, threatening, infringes intellectual property laws, or violates any other laws.
We may withdraw your right to link to the Website at any time at our sole discretion.
Links to Third Party Sites, Pages, or Applications
All Content published on or that can be accessed through the Website is protected by copyright. The Content, and the copyright in the Content, are owned or controlled by us or our content suppliers. You can not modify or remove any copyright notice from the Website. You may only use or reproduce certain Content for your own personal and non-commercial use. Otherwise, the Content may not be used without the prior written permission of the copyright holder. You must abide by all copyright notices contained in any Content on, or accessed through the Website and maintain such notices in the Content. Any unauthorized use of any of the Content is strictly prohibited. You agree not to reproduce, sell, republish, broadcast, distribute, make derivative works of, or otherwise make available any Content, including by framing, caching, or other similar means, without our prior written consent and the copyright owner’s consent.
All products, services and company names mentioned in the Website may be the trademarks of companies using the Website. All trademarks and trade names used, mentioned, or displayed on the Website are our trademarks or of their respective owners. The display of trademarks on our Website does not form or convey any licence or other rights in these marks or names. You shall not use any trademark displayed on the Website without the express written permission of the applicable company or the relevant owner of the trademark.
To access certain parts of the Website, you may have to register as a user with the Website. If you decide to register, you agree to provide complete and current information about yourself as is required by the registration process. You also agree to update required information as needed to maintain its accuracy. You may update your information by logging into your account. During your registration for an account, you will need to select a password. You agree to be responsible for keeping your account confidential, including your password and agree to be responsible for all activities occurring under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security of your account. You agree to log out from your account at the end of each session. If you choose to use the Remember Me feature when logging in to your account, you are responsible for maintaining the security of the remembered information.
If you provide us with any information that is untrue or inaccurate and we have reasonable grounds to suspect that such information is untrue or inaccurate, we have the right to suspend or terminate your account and/or your access to any part or all of our Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for us to terminate your account on our Website, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
Registration for user accounts is restricted to one account per person. You may not pretend to be someone else or register on behalf of other people. You may not use registration credentials that we deem offensive or otherwise inappropriate, in our sole discretion. You may not share your registration information with or give your account login credentials to anyone else. Your account may be suspended or terminated and services, products or coupons you have requested or obtained may be withheld, deleted, withdrawn or invalidated without notice if there is any suspicion that you or anyone in your household has misused your account, registered for multiple or fraudulent accounts, shared login credentials, or breached any other portion of these Terms. We may temporarily suspend or permanently terminate your password, account, or use of the Website at our convenience for any reason. You agree that any suspension and/or termination of your access to or use of the Website may be put into effect without prior notice and that we will not be liable to you or to any other person as a result of any such suspension or termination.
Should you choose to delete your account, you will not be able to create a new account on our Website using the same email address you used for the account you deleted. Contact Us if your account was deleted accidentally.
We will not be liable for any loss or damage arising from your failure to comply with this section.
User Representations and Warranties
You represent and warrant that:
a). you are not a minor and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf
b). all information you provide to us, directly or indirectly, is accurate and complete
c). you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms
d). you are not located in any country that is subject to a U.S. or Canadian Government embargo or that has been designated by the U.S. or Canadian government as a “terrorist supporting “ country, and are not listed on any U.S. or Canadian Government list of prohibited or restricted parties
e). you are complying and will continue to comply with any applicable third party terms of agreement when accessing or using the Website (e.g., you have not and will not violate your wireless provider’s data service agreement when accessing or using the Website).
In the case that you have authorized a minor to use the Website, you acknowledge that you are responsible for:
a). the conduct of such minor
b). controlling the minor's access to and use of the Website
c). he consequences of any misuse by the minor.
You acknowledge that some of the areas or portions of the Website, as well as some content other users may post on or within the Website may contain material that is inappropriate for minors.
Ideas and Suggestions
We are open to receiving any ideas or suggestions you may have for the Website. Any ideas or suggestions that you send to us will be subject to these Terms. If we accept, implement, or modify your idea or suggestion, there will be no obligation by us to provide compensation or credit to you, to keep the idea or suggestion confidential, or to notify you of its use. By disclosing your idea or suggestion to us, you are waiving your rights to the idea or suggestion, you are representing the idea or suggestion as originally your right in its entirety, and you are giving us the right to implement the idea in any way we may choose. Please send your ideas or suggestions to [email protected].
We reserve the right, in our sole discretion, to modify these Terms at any time, in whole or part. Changes will be effective once they have been posted on this page. As such, you should check these Terms periodically for changes by referring to the date of the last update at the top of the page. If you violate the Terms, your access to the Website may be disallowed and you may be permanently banned from using, accessing, or browsing the Website. If you access the Website after we have posted changes to the Terms, your access shall constitute your acceptance of the modified Terms, whether you have reviewed and understood them or not.
We reserve the right, in our sole discretion, to modify, suspend, remove, or discontinue any part of our Website or our Website in its entirety at any time without notice, liability, or reason.
We reserve the right, in our sole discretion, to charge fees for access to our Website and to change limits applicable to obtain free access to any part of our Website or the Website in its entirety at any time. In such an event, we may deny or restrict your access to the Website. However, you will not be charged for access unless we obtain your agreement to pay such charges.
Any service order or transaction performed through a link on the Website may be subject to additional terms and conditions or terms of sale according to the Seller. The Terms of the Website and all other documents referenced on this page form the entire agreement between you and us relating to your use of the Website. Our failure to enforce this agreement shall not be construed as a waiver of any provision or right in this agreement. If any of these Terms are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.
The section titles in these Terms do not have any legal or contractual effect.
These Terms are an agreement between you and Star App Solutions INC. in relation to the Website. These Terms supersede all prior agreements or communications between you and us.
These Terms and all related documents are drawn up in English.
Ces termes et conditions ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
Estos Términos y todos los documentos relacionados se redacten en inglés.