Terms & Conditions
TERMS AND CONDITIONS
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These terms and conditions (the "Terms and Conditions") govern the use of www.votoapp.co (the "Site"). This Site is owned and operated by Voto App. This Site is a landing page.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
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Intellectual Property
All content published and made available on our Site is the property of Voto App and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
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User Contributions
Users may post the following information on our Site:
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Photos;
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Videos; and
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Engagement campaigns.
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
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Accounts
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When you create an account on our Site, you agree to the following:
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You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
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All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Services
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These Terms and Conditions govern the sale of services available on our Site.
The following services are available on our Site:
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Engagement campaigns; and
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Donation Processing.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
User Goods and Services
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Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
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Payments
We accept the following payment methods on our Site:
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Credit Card.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds
Refunds for Services
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We provide refunds for services sold on our Site as follows:
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Service fees can be fully refunded at least 72 hours before the vote is live by sending an email to hello@votoapp.co
Consumer Protection Law
Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
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Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
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Voto App and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
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Except where prohibited by law, by using this Site you indemnify and hold harmless Voto App and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
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These Terms and Conditions are governed by the laws of the Province of Alberta.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Voto App are unable to resolve any dispute through informal discussion, then you and Voto App agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Voto App. The costs of any mediation or arbitration will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and Voto App agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Additional Terms
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Licence to Use the Services
The Services and all logos, pages, data, text, images, photographs, audio, video clips, artwork, code, source code, or software that are contained in the Services or otherwise accessible on the Services (collectively, the “Content”) are owned by us or our licensors. We reserve the right to change the Content and features contained in the Services at any time.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access the Services and its Content as permitted by these Terms. Except as otherwise permitted by these Terms, you may only use, view, copy and print any and all portions of the Services for non-commercial purposes and may not use the Services to develop a service or product that contains similar or competing features. You agree that your licence to the Services is subject to the following restrictions, which include, but are not limited to:
You may not modify, adapt, sublicense, translate, rent, sell, lease, reverse engineer, decompile or disassemble any portion of the Services, or otherwise attempt to access any source code or underlying ideas or algorithms of any part of the Services;
You may not reproduce, modify, display, publicly perform, distribute or create derivative works of the Services or the Content;
You may not decrypt, modify, or reverse engineer any of our underlying algorithms or ticket barcodes used on the Services;
You may not submit via the Services any data, software or other materials that contain any malicious code, viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
You may not post any information via the Services that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Voto in its sole discretion, whether or not such information may be protected by law;
You may not use any software, bot, tool, process or technology to index, data mine, or in any way circumvent any security measure, technological measure, control system, or any other measure that is used to protect the integrity of the Services, the Content or the ticket voting rules;
You may not take any actions that impose an unreasonable burden on the Services’ technological infrastructure;
You may not submit inaccurate, false, or misleading information to the Services;
You may not remove or obscure any trademarks or other proprietary rights notices contained in the Services;
You may not complete a campaign using more than one device on the Services, whether alone or in conjunction with a group of other individuals.
Voto App may, but shall not be obligated to, review, monitor, or remove information posted by you to the Services at Voto App’s sole discretion and at any time and for any reason, without notice to you. You represent and warrant that your use of the Services and the Content will be consistent with the restrictions above and will not infringe or violate the rights of any third-party or breach any (i) contract; (ii) legal duty to a third-party; or (iii) violate any applicable law..
Severability
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If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
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hello@votoapp.co
Calgary, AB
You can also contact us through the feedback form available on our Site.
Effective Date: October 1, 2021​