Last updated: September 8, 2023
These Terms of Service (this “Agreement”) set forth the terms and conditions that apply to your access and use of the DoorBuzzin mobile software application (the “App”), owned by Uni Express Inc. and operated in the United States by UniUni Logistics Inc and their affiliates (the “Company”, “we”, “our” or “us”), and the services available thereon, including without limitation, the building and residential unit access control services (the “Services”).
BY ACCESSING OR USING THE APP OR SERVICES OR CLICKING ON THE “I AGREE” OR SIMILAR BUTTON OR CHECKBOX, YOU ARE INDICATING YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE APP OR THE SERVICES. IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR ANY RULES, POLICIES, GUIDELINES OR PRACTICES APPLICABLE TO THE APP OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP AND SERVICES.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. FOR INDEPENDENT CONTRACTORS OF THE COMPANY, THIS AGREEMENT SUPPLEMENTS, BUT DOES NOT REPLACE, OTHER AGREEMENTS AND RULES THAT MAY APPLY.
By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement, as well as the Company’s Canadian Privacy Policy located at doorbuzz.in/privacy-ca, and the Company’s U.S. Privacy Policy located at doorbuzz.in/privacy-us (together, the “Privacy Policies”), as each may be amended from time to time in the future.
We may amend any part of this Agreement by adding, deleting, or varying its terms from time-to-time in our discretion. We will provide you with notice of the proposed amendment by posting an amended version of this Agreement with a new “Last Updated” date. We will include a link to the previous version of the terms beneath the new “Last Updated” date.
The amendments will take effect 30 days after the date on which we provide notice of the amended version. Prior to that date, the previous version of this Agreement will continue to apply.
If you disagree with any amendments, you may terminate this Agreement by ceasing to use the App and Services at any time within the 30-day period before the amendments take effect. If the amendment increases your obligations under this Agreement, or decreases our obligations under this Agreement, then you can also terminate in the 30 days after the amendments take effect. In either case, there is no cost or penalty for terminating. If you do not cease using the App and Services during that time, then by your continued use, you are considered to have accepted the proposed amendments.
Ability to Enter into this Agreement
The Services are not intended for use outside of the U.S. or Canada. In order to enter into this Agreement, you must be located in either the U.S. or Canada and you must have reached the legal age of majority in your jurisdiction of residence, be no younger than 18 years old and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you. If you accept this Agreement, you represent that you have the capacity to be bound by it.
Service Description
The App and the Services available constitute a software-based tool that allows you to manage entry and access for yourself or for third parties, including tenants, residents, guests and delivery service providers, to a property, unit or building (“Building”) for which you have the authority and right to allow for such entry or access.
Service Access and Use
Subject to the terms and conditions of this Agreement, the Company hereby grants you a non-exclusive, non-transferrable and non-sublicensable right to access and use the App and Services during the term, solely for your non-commercial use.
Use Restrictions
You shall not use the App or Services for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the App or Services, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the App or Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the App or Services, in whole or in part; (iv) remove any proprietary notices from the App or Services; or (v) use the App or Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
Intellectual Property Rights
All material available on the App and all material and services provided by or through the Company, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
The Company reserves all rights not expressly granted to you under this Agreement. Except for the limited rights and license expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the App or Services, and any and all intellectual property provided to you or any authorized user in connection with the foregoing.
Grant of License
Subject to the terms and conditions of this Agreement, the Company hereby grants you a revocable, non-exclusive, non-transferrable and non-sublicensable license to access and use the Materials solely for non-commercial purposes in connection with your use of the App and Services.
Building Access
By using the Services, you are authorizing the Company and its delivery providers to access the Building you designate for purposes of delivering your order and/or the order of other individuals or entities residing in the same Building. By using the Service, you are confirming that you have the right to authorize the Company and its delivery providers to access the Building. You represent and warrant that you have the right and necessary authorization to grant and manage access to the Building for the Company and its delivery providers, and for the purposes otherwise set forth in this Agreement, and that your use of the Services comply with applicable laws, rules and regulations, and contracts to which you are a party, including agreements that you may have with your building manager, building community (including any HOA), strata, landlord, in respect of any person to whom you grant entry or access.
The Company and its delivery providers shall have no responsibility or liability for any third party accounts or services or any guests or service providers to whom you provide Building access to. For the avoidance of doubt, you agree that in no event shall the Company or its delivery providers be responsible or liable for any access or entry into the Building granted by you using the App, Services, or otherwise. You hereby agree to indemnify, save and hold the Company and its delivery providers harmless from any and all claims, losses, damages and liability arising from your use of the App and Services.
Feedback
You agree that any ideas, suggestions, concepts, processes or techniques which you provide to the Company related to the Services, the App or the Company or its business (“Feedback”) are and will be the Company’s exclusive property without any compensation or other consideration payable to you by the Company, and you do so of your own free will and volition. The Company may, in its sole discretion, use or incorporate the Feedback into the App, the Services, its software, documentation, business or other products or services, or any future versions or derivatives of the foregoing, in any form or derivative chosen by the Company. You hereby assign all rights on a worldwide basis in perpetuity to the Company in any Feedback and, as applicable, waive any moral rights.
Aggregated Data
The Company retains the right to use or share any Aggregated Data generated by anyone using the App or the Services, including our users, for the purpose of enhancing and providing the Services (and other services) to you and other customers. “Aggregated Data” means data that does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. You are still responsible for any and all personal information that is part of any Content (as defined below).
Your Profile Information, Account and Property Information
In order to obtain the Services, you must sign up for a DoorBuzzin account. You will need to provide your name, phone number and email address and other information that we may request of you from time to time for the purposes of using the Services (“Profile Information”). You will provide true, accurate, current and complete information about yourself, and you agree not to misrepresent your Profile Information. You represent and warrant to the Company that you have not misrepresented any Profile Information, and that you have the necessary authority to have the Services rendered in connection with the building or address that you grant entry or access to, and that the Services will not result in unauthorized access or trespass to the associated property or other property. You will be solely responsible and liable in connection with any losses, damage or claims arising from your breach of this section.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You may not share your password or allow any other person or entity to access your account in any way. You are solely responsible for all activities that occur with your Profile Information. If you become aware of any unauthorized use of your Profile Information, you are responsible for notifying the Company immediately. It is your responsibility to update or change any Profile Information, as appropriate. You are responsible for any Profile Information that may be lost or unrecoverable through the use of the App or Services.
In the case of any newsletter marketing initiatives or communications about the Service, you can withdraw your consent to receiving those communications and unsubscribe from Company subscriptions at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting tech.support@uniuni.com. Doing so may have a material impact on our ability to provide any Services to you, and we are not responsible for any such impact if you do so.
Submission of Content
The App and the Services enable you to provide or upload content, including but not limited to messages, materials, data, text and other information or content (collectively, “Content”), to the Company for the purpose of utilizing the Services or as otherwise permitted under this Agreement. You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and the consequences for submitting, providing or uploading it. You also consent and understand that these submissions, including electronic chat records, may be electronically recorded by Company.
The Company will use Content you upload solely in connection with providing the Services to you. You agree that by uploading, or otherwise providing any Content on or through the App and/or the Services, you grant to the Company a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such Content, solely in connection with providing the Services to you. This license includes the right to host, index, cache or otherwise format your Content in order to provide the Services.
You represent and warrant that you own the Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to the Company or the Company’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree that the Company is not responsible for any violations of any third party intellectual property rights in any Content that you submit to the Company. You agree to pay all royalties, fees and any other monies owing to any person by reason of the Content uploaded, displayed or otherwise provided by you to the App.
Monitoring
The Company may, but has no obligation to, monitor Content on the App. You consent to such monitoring. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect the Company or its customers, or operate the App or Services properly, or improve the App or Services. The Company, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement, including, but not limited to the Privacy Policies.
Acceptable Use and Conduct:
You agree that you will not publish or make available any Content, or use the App or Services in a manner, that:
facilitates unlawful entry or trespass to any Building or otherwise facilitates entry on the premises in violation of applicable rules and regulations, and contracts to which you are a party, including agreements that you may have with your building manager, building community (including any HOA), strata, landlord, in respect of any person to whom you grant entry or access.;
infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy;
is harmful to minors in any way;
is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by the Company;
impersonates a the Company employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the App or Services or a portion thereof without proper authorization;
interferes or attempts to interfere with the proper working of the App or Services or prevents others from using the App or Services, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the App, or that otherwise negatively affects other persons’ ability to use the App or Services;
uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the App or Services or the content contained therein;
facilitates the unlawful distribution of copyrighted content;
except as expressly permitted by the Company, licenses, sublicenses, rents or leases the Services to third parties, or uses the Services for third party training, commercial time-sharing or service bureau use;
includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the App or Services to users;
constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
stalks or otherwise harasses anyone on the App or using the Services or with information obtained from the App or Services;
collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the App or Services for the purposes of automating logins to the App;
attempts to gain unauthorized access to the computer systems of the Company or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the App or Services;
posts adult or pornographic content;
decompiles or reverse engineers or attempts to access the source code of the software underlying the App, the Services or any other the Company technology;
copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the App or Services;
accesses the App or Services for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the App or Services;
accesses the App or Services for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
accesses the App to upload any Content or computer code for the purposes of: (i) causing a breach or override of security to the App or Services; (ii) interfering with the proper working, functionality or performance of the App or Services; or (iii) preventing others from accessing or using the App or Services.
Disclaimer of Warranties
THE APP AND THE SERVICES ARE PROVIDED FREE OF CHARGE. ACCORDINGLY, YOUR USE OF THE APP OR SERVICES AND ALL CONTENT FORMING PART OF OR RELATED TO THE APP OR SERVICES, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE APP OR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DISCLAIMS ANY WARRANTY THAT THE APP, THE SERVICES OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKES THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME THE COMPANY MAY REMOVE THE APP OR CEASE PROVIDING THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE APP AND THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE APP OR SERVICES OR OTHER ACTIONS THAT THE COMPANY, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.
THE COMPANY IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, THIRD PARTY DELIVERY COMPANIES, THIRD PARTY LOGISTICS SERVICE PROVIDERS, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY THE COMPANY, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY THE COMPANY.
THE APP AND SERVICES ARE OFFERED AND CONTROLLED BY THE COMPANY FROM ITS FACILITIES IN CANADA AND THE UNITED STATES. THE COMPANY MAKES NO REPRESENTATIONS THAT THE APP OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE APP OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Exclusive Remedy and Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, WILL THE COMPANY OR ITS OWNERS, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE APP OR SERVICES, OR FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT. THE COMPANY’S AND ITS AFFILIATES’ TOTAL AGGREGATE LIABILITY FROM ANY AND ALL CLAIMS UNDER THIS AGREEMENT IS LIMITED TO AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE UPON WHICH LIABILITY INITIALLY AROSE. TO THE EXTENT ANY OTHER PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY IN THE MANNER SET FORTH IN THE FOREGOING, THE COMPANY’S LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION WILL BE LIMITED TO THE FURTHEST EXTENT PERMITTED BY LAW. YOU FURTHER AGREE THAT THE FOREGOING LIMITATIONS WILL APPLY WITH RESPECT TO THIRD PARTY LIABILITY OF ANY KIND.
THE FOREGOING LIMITATIONS WILL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SERVICE OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN THE COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE APP OR RECEIVED BY YOU ON ANY THIRD PARTY APPS. YOU ALSO AGREE THAT THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE APP.
The Company will have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any modification, suspension or discontinuance of the App and/or the Services.
Waiver of Jury Trial and Class Action Rights
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THE APP, THE SERVICES AND/OR THIS AGREEMENT: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
Limitation of Time
You agree that you will not bring a claim under or related to this Agreement more than 12 months from when your claim first arose.
Indemnity
You agree to indemnify, defend, and hold harmless the Company, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to this Agreement, the App or the Services, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the App, the Services and any Content, including without limitation your Profile Information and any third party Content forming part of the App; (b) your violation or alleged violation of this Agreement; (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein; and (d) any Building entry or access provided to the Company by you. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company’s defense of these Claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
Term and Termination
The term of this Agreement shall commence upon your acceptance of this Agreement and will terminate in accordance with this section.
You may cancel your Account at any time by sending an email to accounts@doorbuzz.in.
The Company is under no obligation to store your Content and may delete your account and your Content upon cancellation in accordance with our standard data retention processes.
The Company reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement.
The Company reserves the right to modify, suspend, limit or discontinue the App and/or Services, or any portion thereof, at any time and for any reason, without notice or liability to you.
Dispute Resolution
If you are a user located or residing in Canada, all disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the applicable Rules of Procedure of the Vancouver International Arbitration Centre (VanIAC). The appointing authority shall be the VanIAC. The case shall be administered by the VanIAC in accordance with its Rules. The place of arbitration shall be Vancouver, British Columbia, Canada.
If you are a user located or residing in the United States, all disputes arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the American Arbitration Association (“AAA”) Commercial Rules (available at https://adr.org). The appointing authority shall be the AAA. The case shall be administered by the AAA in accordance with its Commercial Rules then in effect. The place of arbitration shall be Los Angeles, California.
The award of the arbitrator will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.
Notwithstanding the foregoing, the Company may seek and obtain injunctive relief in any court of competent jurisdiction, and you agree that this Agreement is specifically enforceable by the Company through injunctive relief and other equitable remedies without proof of monetary damages.
If you are a user located or residing in Canada, and if this Section is found to be unenforceable or if it does not apply to you, then the entirety of this Section will be null and void and, in that case, you hereby irrevocably submit to the personal and exclusive jurisdiction of the courts of the Province of British Columbia for resolution of any lawsuit or court proceeding permitted under this Agreement.
If you are a user located or residing in the United States, and if this Section is found to be unenforceable or if it does not apply to you, then the entirety of this Section will be null and void and, in that case, you hereby irrevocably submit to the personal and exclusive jurisdiction of the courts of the City of Los Angeles, California for resolution of any lawsuit or court proceeding permitted under this Agreement.
Miscellaneous
If you are a user located or residing in Canada, and there is any dispute between you and the Company about, arising out of, or involving this Agreement, the App or the Services, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein without regard to its conflict of law provisions.
If you are a user located or residing in the United States, and there is any dispute between you and the Company about, arising out of, or involving this Agreement, the App or the Services, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.
You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
The sections of “Submission of Content”, “Intellectual Property Rights”, “Disclaimer of Warranties”, “Exclusive Remedy and Limitation of Liability”, “Waiver of Jury Trial and Class Action Rights”, “Limitation of Time”, “Indemnity”, “Dispute Resolution” and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
This Agreement is the entire agreement between us related to the subject matter in this Agreement. This Agreement replaces and supersedes any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.
Contacting The Company
You may contact the Company by email at tech-support@uniuni.com or by mail at 100 -10851 Shellbridge Way, Richmond, BC, V6X 2W8.
Apple Devices
If you are using the Service on Apple-branded products, the following additional terms and conditions shall apply:
Acknowledgement. You acknowledge that this Agreement is between you and the Company, and not with Apple Inc. (“Apple”) and Apple is not responsible for the Service or the contents thereof. You may be subject to additional terms and conditions imposed by Apple in connection with your use of the Service through an Apple-branded product, such as the Apple Media Services Terms and Conditions located at https://www.apple.com/legal/internet-services/itunes/. To the extent of any conflict between this Agreement and such additional terms and conditions imposed by Apple, the latter shall prevail and take precedence.
Scope of License. The Company grants you a limited and non-transferable license to use the Service on any Apple-branded devices that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Service may be accessed, acquired, and used by other accounts associated with the you via Family Sharing, volume purchasing, or Legacy Contacts.
Maintenance and Support. Apple is not responsible for providing you with any maintenance and support services with respect to the Service.
Warranty. To the maximum extent permitted by applicable laws, Apple does not provide any warranty with respect to the Service and shall not be responsible for any claims, losses, liabilities, damages, costs or expenses attributable to the Service.
Product Claims. You acknowledge that the Company, and not Apple, will be responsible for addressing any of your or a third party’s claims relating to the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in connection with the Service’s use (where applicable) of the HealthKit and HomeKit frameworks.
Intellectual Property Right. You acknowledge that Apple is not responsible for any third party claims concerning the Service alleging that the Service or your use of the Service infringes that third party’s intellectual property rights. Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that: (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Contact. If you have any questions, complaints or claims regarding the Service, you may contact the Company by email at tech-support@uniuni.com, by certified mail at 100 -10851 Shellbridge Way, Richmond, BC, V6X 2W8, or by phone at 1-800-282-2468.
Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the Service, e.g. you must not be in violation of your wireless data service agreement when using the Service.
Third Party Beneficiary. The parties acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.