Terms Of Service

1. Introduction

The following terms of use (“Agreement“ or “Terms”) is a legally binding agreement between BridgingTheGap Ventures Ltd. (“BridgingTheGap“, “Company“, “Company”, “Our“, “Us“, or “We“) and you (“you“ or “your”) and applies to: (i) Your use of the www.bridgingthegap.app, youngaworld.com, and bridgingthegapventures.com websites and all other websites owned and operated by Company that redirect to www.bridgingthegap.app or bridgingthegapventures.com and all subdomains (collectively, the “Website”); (ii) BridgingTheGap branded mobile applications and services (“App” or “Apps”); and (iii) any other features, content, or applications offered or operated from time to time by Company in connection with the BridgingTheGap brand, product or services, including when BridgingTheGap is accessed via the internet, mobile, TV or other device (collectively, “Services”, and each is a “Service”).

These Terms govern your use of BridgingTheGap Services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by BridgingTheGap.

We license use of our Apps to you on the basis of these Terms and subject to any rules or policies applied by any App store provider or operator from whose platform you download the App (“App Store”). You must review and accept these Terms before you can use BridgingTheGap Apps. Unless otherwise specified in the App details on the applicable App Store, to use the App you must be 18 or older (or be 13 or older and have your parent or guardian's consent). BridgingTheGap makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.

2. Changes

The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms without notice or liability to you. Any changes to these Terms shall be effective immediately following the posting of such changes. You agree to review these Terms from time to time and agree that any subsequent use by you of the Services following changes to these Terms shall constitute your acceptance of all such changes. You should stop using our Services if you disagree with any changes to the App or these Terms.

From time to time we may issue updates to the App via the App Store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and reviewed and accepted any new terms.

3. Accessing the App and the content on the App

Users accessing the Services must be at least thirteen (13) years of age. You may access the App by downloading and installing the App to your device from the App Store. Although we are working to ensure that the App is compatible across various devices, we cannot guarantee that the App will work with all devices. You should check the minimum requirements and specifications (including memory space and operating system) as set out in the App details on the applicable App Store before downloading the App. To download the App, you will need a valid App Store account (as applicable to your device).

It is your responsibility to ensure that you are able to comply with the relevant system requirements as described above. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the App and any or all content on the App may be restricted from time to time to allow for repairs, maintenance or updating.

It is your responsibility to pay for all costs and expenses (including all telephone call or line charges or Internet service data access) that you may incur using the App.

Your use of the App and enjoyment of its features and content hosted or made available through the App may vary in functionality, availability and quality depending on the type of device and operating system and any restrictions imposed by our content providers.

You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorization to register for the Services and post User Generated Content. The Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms, other BridgingTheGap policies, and applicable laws and regulations.

If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date.

The Company reserves the right to offer BridgingTheGap-related or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.

4. Your Conduct

The Services may be used only for lawful purposes relating to streaming and related materials. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Company.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts.

Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

5. Your Use of Services

Each user is solely responsible for deciding whether the Services offered are suitable for your own purposes and whether the Services match your needs.

The Company grants you a limited, non-exclusive license to access and use the Services for your own personal and non-commercial purposes. This includes rights to view content on Company’s website and applications.

If you elect to access any component of the Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. Each user agrees to maintain valid credit card information as part of your account information when applicable.

The Services provided may be used only for lawful purposes relating to streaming and related materials. In consideration of you complying with these Terms, we grant you a non-transferable, non-exclusive, revocable license to use the App on your device(s) and to view the content contained on the App for your personal, non-commercial use, subject to and in accordance with these Terms, the Privacy Policy and the applicable App Store rules, which are incorporated into these Terms by reference.

You agree:

that you will not use the App for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the App;
that you will not access or attempt to access the accounts of other users of the App;
that you will not impersonate any person, or misrepresent your identity or affiliation with any person;
not to post or transmit through the App any content which is or could reasonably be viewed as:
1. hate speech, obscene, harassing, threatening, pornographic, abusive or defamatory to an individual or group of individuals on the basis of religious belief,
2. inciting violence, or containing nudity or graphic or gratuitous violence;
3. an unauthorised commercial communication of any kind (including, without limitation, spam);
4. fraudulent, inaccurate or misleading, or is otherwise objectionable content of any kind;
5. infringing or violating someone else’s rights or otherwise violates the law;
6. identifying any person without their consent or disclosing anyone else’s personal contact details or invading their privacy, or
7. containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the App, or any computer software or hardware or telecommunications equipment.<br>
that any content you post or upload to the App or otherwise make available via the App is owned by you and does not breach the requirements set out in section 4(d)(i)-(viii) above;
to refrain from doing anything which is defamatory, offensive, damaging or which we believe might damage our reputation, or that of the App, a provider of services accessed through the App, or the Company;
not to copy the App or any content on the App except where such copying is incidental to the normal non-commercial use of the App, or where it is necessary for the purpose of back-up or operational security;
not to make alterations to, or modifications of, the whole or any part of the App or any content on the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
not to infringe our intellectual property or the Company’s or our other licensors’ intellectual property in relation to your use of the App;
that you are solely responsible for your interactions with other users and users through that you will not collect other users’ and users' content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders or scraping techniques) or otherwise, without our prior written permission;
that any content you upload or post to the App will be considered non-confidential and non-proprietary and that such content may be viewable by any users of the App (whether registered or unregistered). You will own your content, but you hereby grant us, our licensee’s and any third parties and other users of the App (each as we determine) a perpetual, irrevocable, royalty-free, transferrable, sub-licensable, worldwide license to use, store and copy that content and to distribute it and make it available to third parties via any and all media, including, without limitation, the right for us to upload and make available and to authorise third parties to upload and make available such content on third party sites and services, including social media applications and channels such as Facebook, Twitter, Pinterest, YouTube, Instagram and on the Company’s own websites;
that you waive any moral rights or equivalent rights in any jurisdiction in relation to any content that you upload or post to the App and that we can use such content without referencing you as the author of such work and that we can adapt and amend such content in our sole discretion;
to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms;
to keep your password secure at all times and not to disclose your password to any other person;
not to allow any other person to use or access your account; and
to comply with all laws applicable to you.

Company may reject, refuse to post or delete any Content that, in the sole judgment of Company, violates this Agreement, is inappropriate for the Services or which may be offensive, illegal or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations. The Company is not obligated to take any action not required by law. Company, may, but assumes no responsibility or obligation for reviewing or monitoring the Services for inappropriate Content or conduct. If at any time Company chooses, in its sole discretion, to review or monitor the Services, Company nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

6. User Information

You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorization to register for the Services and post User Generated Content. The Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.

Your privacy rights are set forth in our Privacy Policy located at <Privacy Policy>.

Company reserves the right to offer Company or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.

7. Username/Password/Security

You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.

You agree to immediately notify the Company of any unauthorized use of your username and password.

8. Access to Services – Subscriptions & Purchases

The Services may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions, rent or pay per view, the Company grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the video stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.

The Company makes no guarantees as to the resolution and quality of your digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.

9. Payments & Billing

The digital content available under specific payment plans, including pay per view, subscription, membership, or rent will change from time to time at the sole discretion of the Company. The Company makes no guarantee as to the availability of a specific payment plan.

By purchasing a payment plan, you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You can update change this information at anytime by logging into your video library, and clicking the settings tab under the username.

Receipts are sent once the charge is successful to the registered email account. Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your payment plan according to the terms of that specific plan prior to the next charge in order to avoid billing.

10. User Comments and Suggestions

While the Company values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.

If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of the Company in whole or in part. No part of the submissions shall be subject to any obligation of confidence and the Company shall not be liable for any use or disclosure.

By submitting or providing us with comments, messages, suggestions, ideas, concepts, feedback or other information about the Services, Company or its operations (collectively, “Submissions”) you thereby and hereby: (a) represent and warrant that none of the Submissions are confidential or proprietary to you or to any other party; (b) represent and warrant that none of the Submissions breach any agreement to which you are a party; and (c) grant Company an exclusive fully paid-up, royalty-free, perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide right and license to the right to use, share and commercialize your Submissions in any way and for any purpose. You also waive in favour of Company and its successors and assigns any and all of Your moral rights in and to all Submissions. These rights survive this Agreement.

11. Personal Information

As set out in the Privacy Policy, personal information is information about an identifiable individual, such as your name, address, telephone number, email address or payment information (“Personal Information”). We collect Personal Information when you voluntarily provide it through our Apps, Services, or when you provide it to us through other means. For example, the information we collect may include:

your first and last name;
contact information, such as your e-mail address;
if you choose to make a subscription purchase, your payment information;
usage information regarding your use and experience of the App; and
any other Personal Information that you voluntarily choose to submit to us.

We are responsible for all Personal Information under our control, including any Personal Information that we transfer to third parties for processing, storage or other purposes.

In order for the Website to work for all parties, we need to communicate with you. To do this, We require your email address. In order to establish your User Account, we also require certain registration data. We may also request additional information to better provide you with our Services.

Company does not collect any other Personal Information that you do not expressly provide. If you do not want your Personal Information collected, do not provide it to us. If you have already submitted the information and would like us to remove it from our records, or you would like to know what information is held in our records or wish to have any of the information updated or modified, please contact us at the address set forth below. The Company will not disclose your Personal Information to any third party without your consent, except as detailed below.

Use of Personal Information

As set out in the Privacy Policy, Company may use and maintain records of your Personal Information such as your name and other registration data, current location or other unique personal identifiers, as the case may be, to provide and facilitate use of the Website and Services. Such data may be used to create aggregate data. Personal Information data and aggregate data will be anonymized prior to any publication or external disclosure, unless otherwise given express consent from user to disclose Personal Information. All types of aggregate data created will be consistent with the descriptions provided in the Privacy Policy. Company will maintain ownership over all anonymized aggregated data created. Company’s ownership and right to use and retain any aggregate and anonymized data will survive if the users discontinue their use of the Services. The anonymized aggregate data may be distributed to companies or organizations that are or are in connection with social media providers, government entities, educational institutions, volunteer organization or any other entity referred to herein or reasonably anticipated with regard to the purpose of the data.

Company identifies the purpose for which your Personal Information is collected and will be used or disclosed. If that purpose is not listed below, We will do this before or at the time the information is actually being collected. You will be deemed to consent to our use of your Personal Information for the purpose of:

communicating with you generally;
registering your user account to provide you with the Services;
protecting against fraud or error;
conducting market research and surveys;
conducting promotional activities, including contests;
improving our App, products, services and website, including by performing statistical analyses of user behavior and characteristics in order to measure interest in and use of the various sections of the Platform so as to improve design and navigation and to gather marketing information;
tracking and reporting on your use of the Services
responding to your questions or inquiries
providing products and services requested by you; or
recommending products and services that the Company believes will be of interest and provide value to you;
sending you updates and news about BridgingTheGap or the App;
sending you emails through third party email delivery services;
complying with legal and governmental requirements; and
fulfilling any other purpose that would be reasonably apparent to the average person at the time we collect it from you.

We may also maintain and use records of such information to send you updates and news about Company. If you do not want to receive updates, newsletters or other notifications from us, please let us know by emailing us at the email address set forth below. Alternatively, You can opt out of receiving further communications from us by using the response mechanism in our communications with You.

Any Personal Information or content that you voluntarily disclose while using the Website which can be viewed by other users thereof (for example, on discussion boards, in messages and chat areas, via messages or third party services etc.), becomes publicly viewable and can be collected and used by others.

Due to the global nature of the Internet, you may be transferring your Personal Information to countries outside of Canada whose legal systems do not offer the same protection for your data as the laws of Canada.

11. Intellectual Property

You acknowledge that the App, the content provided on the App and all copyrights, patents, trademarks, trade secrets, source code, object code and other intellectual property associated therewith are, and shall remain, the property of us or our licensors. You are not granted any intellectual property rights in or to the App or the content on the App except as expressly set out in these Terms. You are not authorised to use our or the Company’s logos or trade marks or trade names (whether registered or unregistered) in any manner. You may only use the App for personal, non-commercial purposes.

All trademarks, service marks, patents, copyrights, trade secrets and other proprietary rights in or related to the Services are and will remain the exclusive property of Company or its licensors, whether or not specifically recognized or perfected under local law. You will not acquire any rights in the Services except the limited use right specified in this Agreement.
The Services are proprietary to Company or its licensors. You agree to take adequate steps to protect the Services from unauthorized disclosure or use. Except as otherwise indicated, the Website, and all text, images, marks, logos and other content contained therein, including, without limitation, the BridgingTheGap logo, BridgingTheGap®, YOUNGA®, and all designs, text, graphics, pictures, information, data, software, sound files, other files, messages, information, text, music, sound, photos, graphics, code or other material and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of Company or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.
BridgingTheGap, its logo and all other product or service names or slogans displayed on the Website and Mobile Apps are registered or common law trademarks of Company or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. In addition, the look and feel of the Website and Apps, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark or trade dress of Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHER MODIFICATION OF THE SERVICES WITHOUT THE EXPRESS WRITTEN PERMISSION OF MY EFFECT IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject You to civil or criminal penalties.

12. Use of Software

The service and content provided through our Services and Apps, and the App itself are our property or the property of our licensors. You are strictly only entitled to use the App, and consume content made available through the App, in accordance with these Terms.

If the Services require or include downloadable software such as an app, or use of software provided by the Company for publishers, the Company grants a personal, limited, non-exclusive and nontransferable License to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through www.bridgingthegap.app

Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.

Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.

This License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.

Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of the Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.

Users acknowledge and agree that use of the Software may require the Company to acquire user’s mobile phone number and perhaps additional such information in order to obtain access Software.

Users agree that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. The Company may use this information, as long as it is in a form that does not personally identify a user.

The Company shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.

This License is effective until terminated the user or the Company at its sole discretion. User’s rights under this License will terminate automatically without notice if user fails to comply with any terms of this License. Upon termination, user shall cease all use of the Software and delete all versions of the Software possessed by the user.

13. User Generated Content and Moderation; Notice and Takedown

We respect the intellectual property rights of others and expect users of the App to do the same. As part of the functionality of the App we may allow you and other users to upload, transmit, send content, data, ideas, communications and other materials to the App (“User Generated Content”). You represent and warrant that you own or control all rights in and to your User Generated Content and have the right to grant the license granted above to us and our affiliates and our service providers, and each of their and our respective licensees, successors and assigns. We are under no obligation to, and we do not, review such materials for the purposes of determining copyright infringement. Therefore, your reliance on User Generated Content is at your own risk. Because we have no control over User Generated Content, you acknowledge and agree that we are not responsible for the accuracy or availability of User Generated Content, and we neither endorse nor are responsible or liable for any User Generated Content that appears on the App. We shall have the right (but not the obligation) to delete, remove, monitor, or edit User Generated Content and block links to the App through technological or other means without prior notice.

We also have the right to moderate User Generated Content and user accounts based on the Community Guidelines within the App. We also reserve the right to terminate access to the App if we believe a user is posting infringing material or if a user has breached our Community Guidelines.

If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information:

The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;
Your name, address, telephone number, and e-mail address;
A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against, you can send the Company a counter-notice that includes the following:

Your name and address, and telephone number;
The source address of the removed content;
A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint.

Please note that the Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.

The Company has designated claims@wearebridgingthegap.com to receive notices of claims of copyright infringement.

14. Termination

We may terminate these Terms and close your account at any time without notice if we cease to provide the App.

In addition to our right to remove any content from the App, we reserve the right to suspend, restrict or terminate your access to the App at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. We also reserve the right to disable your account at our reasonable discretion. Suspension, restriction or termination of your access to the App will not limit our right to take any other action against you that we consider appropriate. All provisions of this Agreement, which by their nature should survive, shall survive termination of Services, including, without limitation, ownership provisions, your payment obligations, warranty disclaimers, limitations of liability, and indemnifications.

You may close your account and terminate your agreement with us at any time by emailing us at privacy@wearebridgingthegap.com.

15. Third party sites or services

The App may include and link to features, websites and services (such as the Company’s own website and social applications like Twitter, Facebook, TikTok, YouTube and Instagram) that are provided by a third party. We do not control such third party sites or services and are not responsible for the content of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to use of that third party service will apply and we will not be responsible for anything that is done or not done by you or the third party service provider in connection with your use of their service. We recommend that you check the applicable third party service’s terms and conditions of use and sale before using such third party service or purchasing any products or services.

16. Disclaimer and Technical Limitations

We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked to from or via, the App by other users or third party service providers. We are not responsible for any transaction you may enter into with a third party via the App and it is up to you to decide whether or not to do so.

You agree that you must evaluate, and that you bear all risks associated with, the use of the App, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available through the App. You acknowledge and accept that your access to the App is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the App may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”. COMPANY, COMPANY LICENSORS, COMPANY’S SUPPLIERS AND SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “COMPANY GROUP”) MAKE NO REPRESENTATIONS OR WARRANTIES, AND THERE ARE NO CONDITIONS, ENDORSEMENTS, UNDERTAKINGS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT) AS TO, ARISING OUT OF OR RELATED TO THE FOLLOWING: (I) THIS AGREEMENT; OR (II) THE SERVICES. YOU AGREE THAT WE MAY ENFORCE THIS SECTION 21 ON BEHALF AND IN FAVOUR OF COMPANY GROUP AS THEIR AGENT AND TRUSTEE . SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

17. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL COMPANY GROUP, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE SERVICES, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OR IMPAIRMENT OF OTHER ASSETS) ARISING FROM THIS AGREEMENT, THE SERVICES, LINKED SERVICES OR THIRD PARTY SITES AND PRODUCTS OR OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL COMPANY GROUP’S CUMULATIVE OR AGGREGATE LIABILITY TO YOU FOR DIRECT OR ANY OTHER DAMAGES OF ANY KIND OR NATURE IN CONNECTION WITH THE SERVICES, LINKED SERVICES, THIRD PARTY PRODUCTS OR SERVICES (INCLUDING BUT NOT LIMITED TO, THIRD PARTY SITES AND PRODUCTS), OR OTHERWISE UNDER THIS AGREEMENT EXCEED ONE HUNDRED CANADIAN DOLLARS (CDN $100.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. YOU AGREE THAT WE MAY ENFORCE THIS SECTION 22 ON BEHALF AND IN FAVOUR OF THE COMPANY GROUP AS THEIR AGENT AND TRUSTEE .

18. Indemnity

To the maximum extent permitted by Applicable Law, You agree to indemnify, defend (at Company's election) and hold the Company Group harmless from any loss, expense, liability, claim, damage or demand alleged by any third party, including, but not limited to, reasonable legal fees and costs, due to or arising out of or in connection with: (a) Your use of the Services or Linked Services, and Your activities in connection with the Services or Linked Services; (b) Your violation of any Applicable Law in connection with Your use of the Services or Linked Services, or Your activities in connection with the Services or Linked Services; (c) a breach of this Agreement or any Additional Terms; or (d) any Content that You post on, through or in connection with the Services or Linked Services (all of the foregoing, “Claims and Losses”). You will cooperate fully as required by Company in the defense of any Claim and Losses. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Company reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Company. You agree that We may enforce this Section 23 on behalf and in favour of the Company Group as their agent and trustee.

19. Compliance With Laws

Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any Content, email or other messages that is believed or alleged (reasonably or not) to violate this Agreement or any Applicable Law. You acknowledge and agree that Company may investigate any violations of law and may cooperate with law enforcement authorities in this regard.

20. Governing Law

This Agreement shall be construed in accordance with and governed by the laws of the Province of Ontario and the laws of Canada applicable in that Province without regards to conflict of laws principles. The parties hereby expressly and irrevocably attorn to the exclusive jurisdiction of the courts in the Province of Ontario. The United Nations Convention on Contracts for the International Sale of Goods (also called the Vienna Convention, and which is cited in the statutes of Canada as theInternational Sales of Goods Contracts Convention Act) will not apply to this Agreement or the transactions contemplated by this Agreement. The United States Uniform Commercial Code will not apply to this Agreement or the transactions contemplated by this Agreement.

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) this Agreement; (b) the Services; (c) oral or written statements, advertisements or promotions relating to this Agreement or to the Services; or (d) the relationships that result from this Agreement or the Services (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, You waive any right You may have to commence or participate in any class action against Company related to any Claim and, where applicable, You also agree to opt out of any class proceedings against Company. If You have a Claim, You should give written notice to arbitrate at the address specified below. If Company has a Claim, Company will give You notice to arbitrate at Your address provided in Your registration data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the Province of Ontario.

Miscellaneous

This Agreement (and the documents referred to herein, including, without limitation, Other Terms and Additional Terms) constitutes the entire agreement between You and Us in relation to the use of the Services, and replace and extinguish all prior agreements, arrangements or undertakings of any nature made by the parties, whether oral or written, in relation to such subject matter. The division of this Agreement into sections and subsections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. You may not transfer or assign this Agreement or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Company and any such assignment shall be null and void from the beginning. We may assign this Agreement and any or all rights and obligations hereunder to any third party without notice for any purpose, including without limitation, collection of unpaid amounts, or in the event of an acquisition, corporate reorganization, merger or sale of substantially all of the party’s assets to another entity. You hereby consent to such assignment. You must continue making all required payments to Us in accordance with Your billing statement, unless notified otherwise. This Agreement shall enure to the benefit of and be binding upon Company's or Your respective heirs, executors, administrators, successors and permitted assigns.

Additional Application Provider Terms and Conditions

Preamble.The following additional terms and conditions apply to You if You are using a copy of a Mobile App that was downloaded from an Application Provider. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 28, the more restrictive or conflicting terms and conditions in this Section 28 apply, but solely with respect to copies of Mobile Apps downloaded from the Application Provider from which You obtained Your copy of a Mobile App.
Acknowledgement . Company and You acknowledge that Company not the Application Provider, is solely responsible for Mobile Apps and the content thereof. To the extent this Agreement provides for usage rules for a Mobile App that are less restrictive than the Usage Rules set forth for a Mobile App in, or otherwise is in conflict with, the applicable Application Provider’s terms of service, the more restrictive or conflicting Application Provider term applies. Capitalized terms used in this Section 28 that are not defined in this Agreement will have the meaning set out in Apple’s App Store Terms of Service or the Google Play Store Terms of Service, as applicable.
Scope of License. Where Your Application Provider is Apple, the license granted to You for a Mobile App by Apple is limited to a non-transferable license to use such Mobile App on an iOS Product that is also a Permitted Device You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service. Where Your Application Provider is Google, the license granted to You for a Mobile App through Google Play is limited to a non-exclusive, worldwide and perpetual license to perform, display and use the copy of such Mobile App You obtained from Google Play on Your Permitted Device.
Maintenance and Support. Company is solely responsible for providing any maintenance and support services with respect to Mobile Apps, as specified in this Agreement (if any), or as required under Applicable Law. Company and You acknowledge that the Application Provider has no obligation whatsoever to furnish any maintenance and support services with respect to Mobile Apps. Company and You acknowledge that Company is solely responsible for providing any maintenance and support services concerning any defects or performance issues in the copy of Mobile Apps You downloaded and installed from the Application Provider. For any customer support inquiries with respect to Mobile Apps obtained from an Application Provider, please contact Company as set out in Section 29 .
Warranty. Company is solely responsible for any product warranties, product liability, consumer protection or intellectual property claim relating to Mobile Apps, whether express or implied by law, to the extent not effectively disclaimed by Company. In the event of any failure of a Mobile App to conform to any applicable warranty, You may notify Your Application Provider, and the Application Provider will refund the purchase price, if any, for such Mobile App to You; and to the maximum extent permitted by Applicable Law, the Application Provider will have no other warranty obligation whatsoever with respect to such Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
Product Claims. Company and You acknowledge that Company, not the Application Provider, is responsible for addressing any claims of You or any third party relating to Mobile Apps or Your possession or use of Mobile Apps, including, but not limited to: (i) product liability claims; (ii) any claim that a Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Company’s limitation of liability is subject to Applicable Law.
Intellectual Property Rights. Company and You acknowledge that, in the event of any third party claim that a Mobile App or Your possession and use of a Mobile App infringes that third party’s intellectual property rights, Company, not the Application Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Takedowns. If Company decides to remove from future distribution of Mobile Apps downloaded through an Application Provider, Company will nevertheless continue to comply with applicable terms of service regarding refund requirements and Our removal will not affect any license rights You may be entitled to for such Mobile App(s) You previously purchased or downloaded, or any obligations We may have to You for product support You may have purchased. Notwithstanding the foregoing, Company has the right to remove Mobile Apps in response to: any allegations of or actual infringement of any copyright, trademark, trade secret, trade dress or patent or other intellectual property right of any person or entity, allegations of or actual defamation of any person or entity; any other violations (alleged or actual) of third party rights; or an allegation or determination that a Mobile App does not comply with Applicable Laws. Company also has the right to remove Mobile Apps from any Application Provider in its sole discretion at any time for any reason including but not limited to, discontinuance of the applicable product or due to business innovation.
Reinstalls. You are allowed unlimited reinstalls of Mobile Apps distributed via the Google Play store, except for any products which are removed from the Application Provider pursuant to Section 28.8 above.
Updates. You acknowledge and agree that the applicable Application Provider may, but shall not be obligated to extend, enhance, or otherwise modify its software or services (or any part thereof) provided hereunder at any time without notice. If updates are made available, the terms of this Agreement will govern such updates. Further, You acknowledge and agree that such modifications are not within Company’s control and may affect Your ability to use, access, or interact with the software and services or require You to change Your products or discontinuing using Mobile Apps entirely.
Apple Push Notifications. Before Company sends You any push notifications through Apple Push Notifications (“APN”), Company will obtain Your consent to receive such notifications. If You deny or later withdraw Your consent, We will not send You push notifications.
Legal Compliance, You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Company’s contact information for any end-User questions, complaints or claims with respect to Mobile Apps is set forth in Section 29 .
Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when accessing or using Mobile Apps as provided by any Application Provider. Such terms of agreement will be located in a link on the applicable Application Provider’s website.
Third Party Beneficiary. Company and You acknowledge and agree that the Application Provider, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Your Application Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You, and may rely upon any provision of this Agreement that confers a benefit (or rights in their favor) on them as a third party beneficiary thereof.

21. Contacting Us

To contact the Company, please write to:

BridgingTheGap Ventures Ltd

Email: privacy@wearebridgingthegap.com

Last Updated: 30/09/2022