Terms and Conditions of Use
Welcome to TUEX!
Important! Please carefully read these terms and conditions, as they affect your legal rights and obligations.
We offer the TUEX Website and the TUEX Apps, including all information, content, tools, functions and Service available from the TUEX Website and the TUEX Apps (collectively the “Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein, regardless how you have access to them, whether by computer, mobile device or otherwise; and whether directly through the Service, or through any third-party service that links to the Service.
By accessing, visiting, browsing or using the TUEX Website and the TUEX Apps, you engage in the Service and agree to be bound by the following terms and conditions, including those additional terms, conditions, policies and notices referenced herein and/or available by hyperlink (collectively the “Terms of Service”). The Terms of Service apply to all users of the TUEX Website and the TUEX Apps, including but not limited to users who visit, browse, register, log in, utilize and/or contribute or provide content to the TUEX Website and the TUEX Apps.
Please read the Terms of Service carefully before accessing, visiting or using the TUEX Website and the TUEX Apps. By accessing, visiting, browsing and/or using any part of the TUEX Website and the TUEX Apps, you acknowledge that you have read, fully understand and agree to be bound by the Terms of Service, and agree to comply with all applicable laws and regulations. If you do not agree to all the Terms of Service, you are not authorized to use the Service and you must cease all such use immediately. If the Terms of Service are considered an offer, acceptance is expressly limited to your consent to be bound by the Terms of Service.
Please note that any new features, functions or tools that are added to the current TUEX Website and the TUEX Apps shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of the Terms of Service by posting updated and changed Terms of Service to the TUEX Website and the TUEX Apps. It is your responsibility to check the TUEX Website and the TUEX Apps periodically for any updates and changes of the Terms of Service. Your continued access, visit and use of the TUEX Website and the TUEX Apps following the posting of any updates or changes of the Terms of Service constitutes acceptance and consent to be bound by those updates and changes.
Section 1 User Terms
Account Registration & Termination
The TUEX Website and the TUEX Apps provide a variety of Service, both online and offline, designed to improve the overall academic experience of our users and help our users save cost. When using either the TUEX Website or the TUEX Apps, you shall only register maximally two accounts, with one account registered as a student user and the other registered as a tutor or a teacher. You shall not register more than two accounts, or register more than one student account or more than one teacher account with either the TUEX Website or the TUEX Apps. You shall not share your account with others for access and use of the Service. All information you provide to create an account with the TUEX Website and the TUEX Apps must be accurate, true and complete. You shall not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate.
When you set up an account, you must also choose a password. You are solely responsible for maintaining the confidentiality of your password, and for any and all use, conduct or activities that occur under your account. You agree not to use your account, username, or password of another person or entity to have access to the Service at any time, nor to disclose your password to any third party for them to have access to the Service. You agree you will not sell or share or otherwise transfer your membership or any user or membership rights. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. The TUEX Website and the TUEX Apps has the right to terminate your account for any reason at our sole discretion without notice to you.
For users registered as tutors or teachers, you shall not provide tutoring or teaching services to your students not through the TUEX Website or the TUEX Apps if such students were obtained by you originally from your use or registration with the TUEX Website or the TUEX Apps. You shall not bypass the TUEX Website or the TUEX Apps to provide your tutoring or teaching services to our student users. The TUEX Website and the TUEX Apps reserve the right to terminate your account if at our sole discretion we suspect that you are trying to avoid using the TUEX Website and the TUEX Apps to provide tutoring or teaching service to the student users obtained by you originally through our Service.
We allow parents or legal guardians of minor children to register an account with us (the “Parent Accounts”) and allow the Parent Account to be linked to an account of a student user if so agreed by the student user. For users registered as a student, by linking your account to a Parent Account, you expressly agree to share certain information, including but not limited to your GPS location during your usage of the Service, to the owners of such Parent Account who would be your parents or legal guardians.
For users registered as tutors or teachers, the Service will require you to share your GPS location during your use of the Service to other users or visitors of the TUEX Website or the TUEX Apps. By registering with us, you expressly consent and agree to share your GPS location to other users of visitors of the TUEX Website or the TUEX Apps.
Age and Residence Requirements
You shall only use or have access to the Service if:
(1) You are at least of the minimum age under the laws of your country and your jurisdiction so that you are able to be responsible for your own activities to use the Service without consent from your parent or legal guardian. The Minimum Age may mean different ages in different countries, depending on where the individual visitor or user accesses the Service. For reference, Minimum Age means:
a) 14 years old for United Sates of American, Canada, Germany, Spain, Australia, China and South Korea; and
b) 13 years old for all other countries.
In any event, the Service is not designed nor intended for use by children or anyone else under the age of 13. If you are under the age of 13, you shall make sure that your parent or legal guardian has read, understand and agreed to the Terms of Services and all other policies, agreement and content of Service of the TUEX Website and the TUEX Apps and obtain express consent by your parent or legal guardian for any access to or use of the Service.
In any event, you shall make sure that you are not prohibited from using or accessing the Service under any applicable laws or otherwise.
We operate the Service mainly in Canada. Unless as otherwise provided, certain types of service are only available to certain residents of Canada. All financial transactions will be processed in lawful Canadian dollars. We make no representations or warranties that the Service is appropriate for use or access in other locations. The Service is not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to any applicable law or regulation in that jurisdiction or country or which would subject us to any registration requirement within such jurisdiction or country.
Any person or entity using or accessing the Service from location or jurisdiction other than Canada does so on their own initiative and is responsible for compliance with Canadian and our local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable.
We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service or other feature to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
By registering, you represent and warranty that you are not on any list of restricted persons with whom it is unlawful for us to do business with.
If you are under the age of majority under the laws of your country and your jurisdiction, you shall make sure that you have obtained express consent and agreement from your parents or legal guardian with regard to the pricing, payment and billing policies applicable to such fees and charges as posted in the Service before you make any purchases, payment or financial transactions through the Services of the TUEX Website and the TUEX Apps.
All fees are non-refundable and non-transferable except as expressly provided in this Terms of Service. All fees and applicable taxes, if any, are payable Canadian dollars and in-app purchases are dependent on app store location.
Intellectual Property and Copyright
Any and all past, present and future versions of information, material and content, including but not limited to domain names, source and object code, text, site design, logos, icons, forms, images, moving images, videos, photographs, graphic illustrations, sounds, music, as well as the selection, assembly and arrangement thereof and the “look and feel” of the Service, or any other material (the “Material”) of the TUEX Website and the TUEX Apps are owned, controlled by the Company or licensed by their owner and are protected by copyright law.
Any and all of the Material is protected from unauthorized use, copying and dissemination under copyright, trademark, patent, and other laws, rules, regulations and treaties.
You agree not to reproduce, duplicate, copy, republish, sell, resell or exploit any Material of the TUEX Website and the TUEX Apps in any form for any purpose whatsoever without express written permission by us. Any unauthorized use of the Material may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
User Content and Activities
When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish any review, problem, suggestion, idea, solution, question, answer, class notes, course outline, bibliographic and citation information, comment, testimonial, feedback, message, image, video, text, profile data or other material (collectively the "User Content") to the TUEX Website and the TUEX Apps or to any of our employee or contractor, for example, when you post questions or answers in the Q&A section as a feature of the TUEX Website and the TUEX Apps, you grant us and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by us, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the User Content, in any media known now or in the future, and to make, use, reproduce, copy, display, Publish, exhibit, distribute, modify, sell, offer for sale, create derivative works based upon and otherwise use the User Content.
Note that we may create, facilitate or display social advertisements, whereby your name, profile and photo may be used to advertise products and Service to your network based on your use of the Service and your interactions with the TUEX Website and the TUEX Apps. You agree that we may use your name and profile picture in connection with social ads to advertise products and Service to your network based on your use of the Service and your interactions with the TUEX Website and the TUEX Apps and third parties through the Service.
You further agree that we are free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and Service; and creating informational articles, without any payment of any kind to you. You authorize us to publish your User Content in a searchable format that may be accessed by users of the Service and the internet. To the fullest extent permitted by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
We are not required to host, display, or distribute, and may remove at any time, any User Content. We reserve the right to change the format, sizing, and any other display specifications of the User Content as it sees fit.
You represent and warrant that (i) you own the User Content submitted by you on, through or in connection with the Service, or otherwise have the right to grant the licenses set forth in this section, and (ii) the posting of your User Content on, through or in connection with the Service and/or any related Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Upon our request, you will furnish us any documentation, substantiation or releases necessary to verify your compliance with the Terms of Service.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently.
You agree that we have no obligation to monitor or enforce your intellectual property rights to your User Content but have the right to protect and enforce its and its licensees' rights to your User Content. You further acknowledge and agree that, to the fullest extent permitted by applicable law, we will not have any obligation to you with regard to User Content and that we may or may not monitor, display or accept your User Content and may delete it at any time. We may, but are not obligated to, review User Content prior to posting it on or distributing it through the Service, or allowing them to be distributed through the Service. This includes private messages exchanged by you and other users through the Service. This User Content and Activities section shall survive any expiration or termination of your relationship with us.
Section 2 Prohibited Uses
You are solely responsible for the User Content you submit, through or in connection with the Service, and any material or information that you transmit to other users and for your interactions with other users through your accounts. When you contribute, upload or otherwise provide User Content via the Service, you agree to comply with the following rules.
You are prohibited from submitting any prohibited User Content (the “Prohibited User Content”).
The Prohibited User Content includes, but is not limited to, material that we determine:
1) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
2) harasses or advocates harassment of another person;
3) exploits people in a sexual or violent manner or contains nudity, excessive violence, or offensive subject matter or contains a link to an adult or otherwise objectionable website;
4) posts information that poses or creates a privacy or security risk to any person;
5) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6) constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
7) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing, instant messaging or "spamming";
8) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) or solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
9) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons or providing or creating computer viruses;
10) involves commercial activities and/or sales without prior written consent from TUEX such as contests, sweepstakes, barter, advertising, or pyramid schemes;
11) includes a photograph or video of another person that you have posted without that person's consent;
12) violates or attempts to violate the privacy rights, publicity rights, copyrights, patent rights, trademark rights, contract rights or any other rights of any person.
You are prohibited from any prohibited activities (the “Prohibited Activities”).
The Prohibited Activity includes, but is not limited to:
1) unauthorized advertising to, or solicitation of, any user to buy or sell any products or Service;
2) circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of our Service;
3) activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
4) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Service;
5) covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any page of the TUEX Website and the TUEX Apps via HTML/CSS or any other means;
6) any automated use of the Service, such as, but not limited to, using scripts to send messages or posts;
7) interfering with, disrupting, or creating an undue burden on the Service or the networks or Service connected to the Service;
8) displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the use of the Service on behalf of that person, such as placing commercial content on review posts or solutions, links to e-commerce sites not authorized by us, or sending messages with a commercial purpose;
9) activity unrelated or disruptive to the Service, such as intentionally distributing the wrong solutions to problems, submissions that force browsers to scroll horizontally, large blank or content-free submissions, "Bumping" multiple older topics (posting in them well after the last post), posting multiple identical or near-identical messages or topics, including "fad" topics, hard-to-read topic titles, or multiple hard-to-read or nonsensical messages in a single or multiple topics; or
10) using the Service in a manner inconsistent with any applicable law.
We reserve the right to, but have no obligation to, monitor, edit or remove any User Content or other content provided by you as a user of the TUEX Website and the TUEX Apps that in our sole discretion constitute the Prohibited User Content or the Prohibited Activities or that are unlawful, offensive, threatening, libellous, defamatory, obscene, pornographic or otherwise objectionable or violates any person’s intellectual property or the Term of Service.
We reserve our right to terminate your access or use of the TUEX Website and the TUEX Apps or any related website or software without any prior notice to you if we suspect that you violate the above-mentioned prohibited uses in this section 2.
Section 3 Accuracy, Completeness and Timeliness of Information
We will endeavour to ensure that information on the TUEX Website and the TUEX Apps is as accurate as possible. However, we are not responsible if any information made available on the TUEX Website and the TUEX Apps is not accurate, complete or current. The content and material on the TUEX Website and the TUEX Apps are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the content and material on the TUEX Website and the TUEX Apps is at your own risk.
The TUEX Website and the TUEX Apps may contain certain historical information that is not current. Such historical information is provided to you for reference only.
We reserve the right, in our sole discretion, to modify, update and change the content or material on the TUEX Website and the TUEX Apps at any time without providing any prior notice to you, including the correction of any errors, inaccuracies or omissions. But we have no obligation to do so. You agree that it is your sole responsibility to monitor and follow up the updates, changes and corrections to the TUEX Website and the TUEX Apps.
Section 4 Service Modifications
We reserve the right, in our sole discretion, to make changes to or discontinue any of the Service at any time. Any description of the Service provided by us is not a representation that the Service is working or will always work in that manner, as we are continuously updating the Service, and these updates may not always be reflected in the Terms of Service.
Section 5 Mobile Use
The Service may offer features and service that are available to you via your mobile device. These features and service may include, without limitation, the ability to upload content to the Service, receive messages from the Service, download applications to your mobile phone or access features from the Service (collectively, the "Mobile Features"). We may charge for Mobile Features and these charges will be disclosed prior to completion of registration for the Mobile Feature. Also, standard messaging, data and other fees may be charged by your carrier. Carrier fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
If you change or terminate your mobile account, you agree to promptly update your account information related to the Service so that any messages or notices from us regarding the Service are sent to you and not to the person who is assigned your old number.
For any of our mobile apps, you agree that the third party store or platform through which our apps are available (including, without limitation, the Apple App Store) is not liable to you in connection with our apps. If you use any ISBN scan feature of the Service, you are responsible for verifying the accuracy of the scanned code before relying on it.
Section 6 Email and Text Message Notifications
Notifications or receipts from us will be delivered to you by email at the address you provided to us when you created your account or as later updated. You may also opt to receive text message reminders from us, as a courtesy to you. We may contact you, sometimes through an automated or pre-recorded message, using the phone numbers you provide to us, including wireless numbers, to remind you of certain information related to the Service or otherwise provide the Service. You are still responsible for compliance with the Terms of Service whether or not you receive such reminders via email, text or otherwise. We will not ask you for your personal information, account username, and password, or any of your credit or debit card information via email or text message. If you receive such an email or text message purportedly from us, it is fraudulent and we will have no responsibility for any misuse of any information you provide as a result.
Section 7 Account Cancellation
You may request cancellation of your account at any time throughout your use of our Service. To the fullest extent permissible under applicable law, your account will only be cancelled and closed after all transactions have been processed including payment of assessed penalties or the cashing of any refund check, if applicable. We may cancel your account in its sole discretion any reason, including but not limited to inactivity or misuse. Even if your account is cancelled, your photos, bibliographic and citation information, comments, likes, friendships, and any other data you have shared via the Service may persist within the Service after cancellation of your account.
Section 8 Credit/Debit Card/Wechat Pay/AliPay Processing & Payments
We may require users of the Service to provide a valid credit or debit card tied to an account at a financial institution when they register for an account (to ensure users are able to make applicable payments to us) or upon ordering products or services. If a payment card is required, you are responsible for ensuring that a valid credit or debit card is associated with your user account at all times (either the original card or a replacement). To confirm your card is valid, we may initiate a "pending" charge for one dollar (CAD/USD $1.00) on the account. This charge will not be confirmed and, therefore, you will not be charged and it will simply disappear from your financial statement (usually within seven days - check with your financial institution for additional information). Please be aware that this $1.00 pending charge may be initiated each time you edit the card information for your account or place an order that cannot be processed. Where your billing address is requested, you must provide the address and phone number your financial institution has on record, as well as the card's security code (e.g., CVC, CVV, CID). We will make reasonable efforts to process your transactions in a timely manner, but we make no guarantees regarding the processing time for charges. We will store your credit or debit card information and you hereby acknowledge and agree that we may charge you for, and you will pay for, any charges specified on the Service and in accordance with our other policies. We reserve the right to place you into collections if you fail to timely pay for the products and services ordered through the Service; collections may be done by us or a third party on our behalf. You also agree that we may, at our discretion, send your account to a collection agency, and recover our reasonable costs of collection from you, if you fail to pay all fees due and owing to us. For security reasons or to otherwise confirm a financial instrument or payment, we may delay providing payments or services even if such delay impacts a guaranteed delivery date.
Section 9 Taxes
You, as users and purchases through the Service may be subject to goods and services tax, harmonized sales tax, provincial sales tax, government charges, customs, tariff, service fee, admin fee or any other type of tax, charges or fees (Collectively the “Taxes”) in many provinces or states. Depending on your location/place of use/province/state and the nature of the product or service you receive from us, there may be sales tax and/or use tax. Tax rates are different from place to place. For example, in the Province of British Columbia of Canada where the TUEX Website and the TUEX Apps are operated, a 5% Goods and Services Tax (“GST”), which tax rates are subject to further changes, may be charged on the price of the Services or product. You are responsible for paying all such Taxes.
Any price listed on the TUEX Website and the TUEX Apps or related to the Service where there is no indication as to whether that price does or does not include any Taxes does not include any of the Taxes. You are responsible for paying all such Taxes in addition to that price listed.
Section 10 Third-party Content or Links
The Service may contain information or content provided by its users and other third-parties (collectively the “Third-party”) that we do not control, maintain or endorse. Or there may be links from the Service, or from communications you receive from the Service, to website, online features, tools or service of the Third-party over which we will not monitor, have any control or make any input. Functionality on the Service may also permit interactions between the Service and a third party web site or online feature, including applications that connect the Service or your profile on the Service with a third party site.
By accessing or using those information, content, tools or service provided by the Third-party, you acknowledge and agree that you are accessing or using those information, content, tools or service of the Third-party in “as is” condition and at your own risk and we will not provide any warranties, representations or conditions of any kind or any endorsement related to the Third-party. We will have no liability whatsoever arising from or relating to your use of any information, content, tools or Service provided by the Third-party.
We will not be responsible for examining or evaluating the links or the websites or software of any of the Third-party. We will have no liability whatsoever arising from or relating to your click on the links or access or use of any third-party website or software. We are not liable for any harm or damages occurred to you relating to your access and/or use of content, materials, goods, service, resources or any transactions made in connection with any of the Third-party’s content, service, tools, online features, websites or software.
Section 11 Linking Policy
We grant you the revocable permission to link to the TUEX Website and the TUEX Apps on which this Terms of Service are posted; provided, however, that any link to the TUEX Website and the TUEX Apps: (a) must not frame or create a browser or border environment around any of the content on the TUEX Website and the TUEX Apps or otherwise mirror any part of the TUEX Website and the TUEX Apps; (b) must not imply that the TUEX Website and the TUEX Apps or the Services are endorsing or sponsoring any third party or its products or services, unless we have given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm us or its products or services; (d) must not use any of our trademarks without the prior written permission from us; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Service. By linking to the TUEX Website and the TUEX Apps, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms of Service, we reserve the right to prohibit linking to any of our website or application for any reason in our sole and absolute discretion.
Section 12 Interaction with Tutors and Use of Lesson Services
The TUEX Website and the TUEX Apps act as a technology service that facilitates provision of tutor and lesson services between student users and tutors or teachers and does not make decisions related to the provision of, or otherwise exercise control or supervision over, the tutors, teachers or lesson service provided by the tutors or teachers and other users registered as tutors or teachers, or their contents thereof. We do not endorse any users registered as a tutor or a teacher with our Service and you are responsible for determining and confirming the identity and suitability of the tutors or teachers interacted with as a result of your use, or use by any third party, of the TUEX Website and the TUEX Apps and the Service. In addition, although we require users who are registered as tutors or teachers to provide accurate information, we cannot confirm or test any of their purported identity or academic qualifications or experience. We are not your agent or the agent of any tutors or teachers. If you ever believe that another user or tutor or teacher has violated law or is defrauding, threatening or endangering anyone, we urge you to immediately contact the police directly for help.
Section 13 Personal Information
Section 14 Disclaimer of Warranties
The TUEX Website and the TUEX Apps and the Service and all of its content and information are provided to you without any warranty provided by us of any kind, whether express or implied. All implied warranties are hereby expressly disclaimed. To the fullest extent permissible under applicable law, we and our subsidiaries, directors, employees, managers, officers, agents, representatives, vendors and third party licensors of content sold through us (Collectively the “TUEX Parties”) specifically make no representations, warranties, or endorsements of any kind, whether express or implied, as to (1) the Service; (2) the content on the TUEX Website and the TUEX Apps; (3) the User Content; and/or (4) security associated with the transmission of information to us or via the Service. In addition, to the fullest extent permissible by applicable law, the TUEX Parties disclaim all warranties, express, implied, or statutory, including, but not limited to, warranties of fitness for a particular purpose, of merchantability, non-infringement, title, custom, trade, quiet enjoyment, and system.
You expressly agree that your access to, visit, usage or your inability to use, the TUEX Website and the TUEX Apps and the Service is in “as is” or “as available” condition and is at your own risk. Under no circumstance will the Company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service provider or licensors, assigns or successors be liable for any injury, loss, cause of action or claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind based on your access or use of the TUEX Website and the TUEX Apps and the Service or any other websites or software to which the TUEX Website and the TUEX Apps are linked, whether based on contract, tort, negligence, strict liability or otherwise.
By accessing or using the services you represent and warrant that your activities are lawful in every jurisdiction where you access or use the services.
The TUEX Parties are not responsible for the User Content, accuracy or opinions expressed in User Content posted or provided by third parties on the Service or linked services, and such services are not necessarily investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website or feature on the services does not imply approval or endorsement of the linked website or feature by us. Posts and linked services created and posted by users on, though or in connection with the Service may contain links to other websites or services. We takes no responsibility for third party advertisements or linked services that are posted on, through or in connection with the Service or linked services, nor do we take any responsibility for the goods or services provided by these third parties. This "disclaimers" section shall survive any expiration or termination of your relationship with us.
Section 15 Disclaimer and Limitation of Liability
In no event shall the TUEX Parties be liable for any indirect, economic, special, incidental or consequential losses or damages related to (1) the Service; (2) the content on the TUEX Website and the TUEX Apps; (3) the User Content; (4) your use of, inability to use, or the performance of the site; (5) action taken in connection with an investigation by us or law enforcement authorities regarding your use of the site; (6) action taken in connection with copyright or other intellectual property owners; (7) any errors or omissions in the Service's technical operation; or (8) any damage that results from events beyond our reasonable control, such as damages to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if we have been advised of or should have known of the possibility of such damages.
In no event will the total liability of the TUEX Parties to you for all damages, losses or causes or action exceed the amounts paid by you, if any, to us in the past six months, or $250, whichever is greater. The prior limitation on damages is not intended to limit TUEX Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the TUEX Parties’ liability for personal injury or property damage caused by the TUEX Parties, or for the TUEX Parties’ gross negligence, fraud or intentional, wilful, malicious or reckless misconduct. This section shall survive any expiration or termination of your relationship with us.
You agree that in the event you incur any damages, losses or injuries that arise out of our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, service, or other content owned or controlled by us, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by us.
By accessing the Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.
Section 16 Indemnification
Section 17 Severability
If any provision of the Terms of Service or the application of them to any person or circumstance is invalid or unenforceable to any extent, the remainder of these Terms of Service and the application of such provision to any other person or circumstance will not be affected or impaired and will be valid and enforceable to the extent permitted by law.
Section 18 Entire Agreement
The then-current Terms of Service, including (1) any related policies and terms referenced in the Terms of Service in the past, present or in the future made by us and (2) any additional terms, are the entire agreement between you and us regarding the Service. The Terms of Service may not be modified without the consent of a duly authorized representative of us, and will supersede and prevail over any terms or conditions you may include with any purchase order or other transaction document or communication with us, regardless of whether we signs them or fails to object to them. This "Entire Agreement" section shall survive any expiration or termination of your relationship with us.
Section 19 Termination
You may at any time terminate the Terms of Service by ceasing accessing, visiting, browsing or using the App.
We reserve the right to terminate the Terms of Service and deny or block your access to or use of the App or any part of it at any time without any notice to you in our sole discretion or judgment, or if we suspect that you have failed to comply with any provision of the Terms of Service or any laws or regulations.
The obligations and liabilities incurred under the Terms of Service prior to the termination shall survive the termination for all purpose.
Section 20 Dispute Resolution
These Terms of Service and any action related thereto will be governed by the laws of the British Columbia without regard to its conflict of laws provisions.
Section 21 Contact Information
If you have any questions or concerns regarding the TUEX Website and the TUEX Apps or the Service, please write to us at https://www.TUEX.ca/contactus/ or at our offices located at 450 SW Marine Drive, Unit 1800, Vancouver, BC, V5X 0C3. All notices, authorizations, and requests to us shall be deemed given on receipt.