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GreetPool Terms of Services

TERMS OF USE

Last updated: 16 April, 2021

Welcome to GreetPool, and thank you for using our Service.

Please read these Terms of Use ("Terms") carefully before using www.greetpool.com ("Service", "GreetPool") owned and operated by Moka Digital Labs Inc ("Owner", "we", "us", "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

Registration and User Accounts

Eligibility

To use GreetPool and avail of its services, you must be (1) 18 years of age or older, or (2) be 13 years or older and have your parent or guardian's consent to the terms of services. If you do not fulfill either of the conditions, please do not use GreetPool.

Registration

You may be required to sign up for an account and provide an email address and password. You agree to provide us with accurate, complete, and up-to-date registration information about yourself. For information on what data we collect and process, please see the section on Privacy Policy below.

You are responsible for keeping login credentials confidential and safe, including choosing a safe and secure password. You are required to immediately inform us via support channels if you think your personal information has been violated, unduly disclosed, or stolen.

By completing the registration process, you agree to be fully responsible for all activities under the account.

Account suspension and deletion

At our sole discretion, we reserve the right to suspend or delete at any time and without notice, User accounts which we deem inappropriate, offensive, or in violation of these Terms. Any such suspension or deletion of your account shall not entitle you to any claims for compensation, damages, or reimbursement from us. It also does not exempt you from paying any applicable fees, prices, fines, or liabilities as outlined in the rest of these Terms.

Account Termination

You may request to delete your account by writing to us at support@greetpool.com.

Once your account is deleted, you acknowledge and agree that we may permanently delete all data associated with it including received cards. However, any content that you share with other Users in the cards may still be visible in their accounts and be associated back to you.

If your account is completely inactive for 24 or more months, we may terminate your account.

Content and Intellectual Property

GreetPool Content

All Content presented through GreetPool Services, including but not limited to the text, code, emails, articles, blogs, databases, graphics, logos, designs, illustrations, and images ("Content") created by and for GreetPool, are owned by or licensed to us and are protected by copyright and trademark laws and various other intellectual property laws, international copyright laws, and international conventions. The Content is provided as-is and for personal use only.

In particular, but without limitation, you may not copy, download, modify, publish, sell, sublicense, transfer/assign to third parties or create derivative works from the Content available on our Website, nor allow any third party to do so through your device, even without your knowledge.

Where explicitly stated and provided for, you may download, print, and share some content for its sole personal and non-commercial use. As requested or embedded in the website mechanisms, the Content attributions must be kept in place and not tampered with in all such cases. All such downloadable or shareable Content is subject to the same Content clauses as mentioned above.

We undertake utmost effort to ensure that the Content provided on GreetPool infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives, you are kindly asked to report related complaints along with the details by writing to us at support@greetpool.com. We will make every reasonable attempt to remove and delete all Content that violates the copyright.

User Content

"User Content" refers to all Content you upload, post, or make available on the GreetPool website and share with others via the cards.

All User Content uploaded to the Website shall be considered non-confidential and non-proprietary. You retain all ownership rights of your Content but acknowledge and accept that by providing it, you grant us a non-exclusive, fully paid-up, and royalty-free license to process it solely for the operation and maintenance of the services.

You acknowledge that User Content is semi-private by nature. It is shared with other Users who may, in turn, share the Card and the User Content privately or publicly without restriction, allowing such Content to be associated with you. You are responsible for whom you share the card access with and how the Card is shared (text, chats, messengers, email, social media, etc.)

User Content Restrictions

GreetPool is not responsible for the content of its users. By using GreetPool, you expressly understand and agree that you are solely responsible for the Content and all activity that occurs under your account, whether done so by you or others using your account.

You may not transmit any content that is offensive, illegal, upsetting, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Impersonation of any person or entity.
  • Defamatory, discriminatory, or mean-spirited content, including references to race, religion, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Violation of the privacy of any third person.
  • Spam, machine, or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Infringing on any party's proprietary rights, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
  • Pornographic material or containing vulgar nudity or depicting graphic or gratuitous violence.
  • Harassing, abusing, or threatening others, or otherwise violating any person's legal rights.

Additionally, all User Content must adhere to 'Acceptable Use' and the other 'Terms' as part of this agreement.

We reserve the right, but not the obligation, to, at our sole discretion, determine whether or not any content is appropriate and complies with these Terms, refuse or remove this User Content. We further reserve the right to make formatting and edits and change the manner of any content. We also reserve the right to suspend or delete any User Account if found guilty of posting such objectionable Content.

Liability for User Content

By providing any User Content to GreetPool, you confirm that you are legally allowed to do so and not infringe any statutory provisions or third-party rights.

Users are solely liable for Content posted under their account and acknowledge that GreetPool does not actively filter or moderate any User Content.

However, we reserve the right to remove, delete, block or rectify such Content at its discretion and to, without prior notice, deny the uploading User access to the Platform:

  • if any complaint based on such Content is received;
  • if the Content or its intended usage infringes the 'Acceptable use' clauses mentioned below
  • if a notice of infringement of intellectual property rights is received;
  • upon order of a public authority; or
  • if the Content represents a risk for Users, third parties, or the Service's availability.

The removal, deletion, blocking, or rectification of Content shall not entitle users who have provided such Content or are liable for it to any claims for compensation, damages, or reimbursement.

You agree to use the Service at your own risk and understand that due to the collaborative nature of Service, you may be exposed to Content that you may find offensive, indecent, incorrect, or objectionable. You agree that under no circumstances will we be liable in any way for any such content.

You agree that if anyone brings a claim against us related to Content that you posted, then, to the extent permissible under local law, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claims.

Acceptable use

You may only use GreetPool within the provided scope, under these Terms and the applicable laws.

You are solely responsible for making sure that your use of GreetPool violates no applicable law, regulations, or third-party rights.

You further agree not to engage in any of the following prohibited activities:

  • Violating any intellectual property rights or copyright laws;
  • Uploading invalid data, viruses, worms, or other software agents through the Website;
  • Attempting to obtain personally identifiable information, including account names and passwords, from any other user;
  • Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  • Interfering with functioning of Website or disbursing the Services
  • Publishing or distributing any obscene or defamatory material;
  • Posting or distributing any material that incites violence, hate, or discrimination towards any group;
  • Using the Website to advertise or offer to sell or resell goods and services
  • Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website or any portion of the Website
  • Use of automation to send comments or messages or using any data mining, robots, scrapers, or similar data gathering and extraction tools.

Orders and Payments

You must choose the desired Product and verify the selection on the payments page, where you are informed about any fees, taxes, and costs that you will be charged. The submission of order creates the obligation on you to pay the price, taxes, and possible other fees and expenses, as specified on the payments page.

In case the purchased Product requires active input, the order submission creates an obligation for you to follow it through and cooperate accordingly.

All notifications related to product purchase will be sent to the email address provided by you for such purposes.

Credits plans: For your convenience and extra savings of time and money, we offer prepaid credit plans. Each credit is equal to one card and can only be used to offset the card fee at the time of purchase. Credits are linked to your account and are non-transferable. Credits do not have any monetary or cash value and cannot be exchanged for anything. Credits have expiry date as prescribed in their respected plans at the time of purchase.Refunds: All individual card sales are non-refundable, even if card is purchased but is unused. In the event we determine that you are entitled to a refund of an individual card, such a refund shall be made in the form of a wallet credit or paid back using the original payment method used at the time of the purchase.

You can request a refund for credit plan within first 30 days after the purchase. Any such refund will be given after subtracting the cost of transaction fees and any cards delivered within that time period. No refunds will be issued after 30 days. For such a request, you can reach out to us via support channels.

Offers and discounts: From time to time, we may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria, and the terms and conditions set out in the offer's corresponding section.

Offers and discounts are always granted at our discretion. Repeated or recurring offers or discounts create no claim/title or right that you may enforce in the future.

Liability and indemnification

Disclaimer of Warranties

This Service is provided strictly on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, we expressly disclaim all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

Without limiting the previous, we do not warrant that the Content is accurate, reliable, or correct all the time; that the Service will meet your requirements; that it will be available at any particular time or location, uninterrupted or secure; that it will be free from any defects or errors at all times. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk. In the unlikely event, you shall be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or use of the Service.

The Service may become inaccessible or may not function properly with your web browser, mobile device, or operating system. We cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees are liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
  • any unauthorized access to or use of GreetPool's secure servers or any personal information stored therein;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service;
  • The defamatory, offensive, or illegal conduct of any User or third party. In no event shall we and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction in all cases.

Indemnification

You agree to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any claims or demands, damages, obligations, losses, liabilities, costs, or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • Your use of and access to the Service, including any data or content transmitted or received by you;
  • Your violation of these terms, including, but not limited to, your breach of any of the representations and warranties outlined in these terms;
  • Your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • Your violation of any statutory law, rule, or regulation;
  • any content that is submitted from your account, including third party access with your unique username, password, or other security measures, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • Your willful misconduct;

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy.

Dispute resolution

Subject to applicable law, these Terms are governed by Canada's laws and the Province of Ontario, without regard to its principles of law conflicts, regardless of your location.

While your right to take legal action shall always remain unaffected, you must contact us at support@greetpool.com in the event of any controversy regarding these Terms or the Service. You agree that before taking any formal action, you will bring any disputes to our notice and provide:

  1. A description of the dispute
  1. Your contact information (including the email address associated with your account)
  1. The specific relief sought

You and the Owner agree to make reasonable efforts in good faith to settle any dispute or claim directly.

Changes to Terms of Services

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time, including but not limited to features, Content, prices, specifications, references, and images, at any time and for any reason without notice.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the Website and the Service in whole or in part.

Contact Us

If you have any questions about these Terms, you can contact us at support@greetpool.com.