General Terms Applicable to all Users
The User is responsible for maintaining the confidentiality of the User’s account ID and password and the User accepts responsibility for all activities that occur under the User’s account or password. The User, if an individual, affirms that he or she is competent to understand, enter into, and comply with these Terms and Conditions, and (ii) is not under 13 years of age. Where the User is 13 years of age or older but is not of the age of majority in the User’s jurisdiction of residence (a “Minor”), the User may not use certain Services or access certain portions of the Services, as determined by MiaLinkup in its sole discretion from time to time, except under the supervision of a parent or guardian who is also a User and who is not a Minor. For example, Users may not purchase or order any materials from the MiaLinkup Site and will generally only be able to access features granted to them by a parent or guardian.
Changes to these Terms and Conditions
MiaLinkup reserves the right to make changes to these Terms and Conditions by advising the User of the proposed change using a form of notice that is appropriate for the nature of the proposed change(s), including where appropriate by posting amended Terms and Conditions on the MiaLinkup Site. The changes are effective on the later of (i) the date specified in a notice delivered by MiaLinkup to the User advising of such changes (which message may be delivered by email, messaging, or other electronic means), or (ii) 14 days after the amended Terms and Conditions are posted on the MiaLinkup Site. If the User does not agree to the amended Terms and Conditions, the User may no longer use the MiaLinkup Site or the Services after the effective date of the amendment.
Use of the MiaLinkup Site
Effective upon MiaLinkup’s acceptance of a User’s request to become a registered User of the MiaLinkup Site and provided that the User continues to comply with these Terms and Conditions, MiaLinkup grants to the User a personal, nonassignable, license to log into and access the MiaLinkup Site, access content made publicly available on the MiaLinkup Site (the “Public Content”). Any breach of express license restrictions on any of the Site Content may lead to termination of a User’s account and his/her further access to the MiaLinkup Site and the Services.
Subject to any licensing restrictions attached to any part of the Site Content, a User may view the Public Content on the MiaLinkup Site at no cost. Users will be responsible for paying all fees associated with applicable Services as clearly outlined on the MiaLinkup Site.
Termination of Access
If the User uses the MiaLinkup Site in any manner that is prohibited by these Terms and Conditions, MiaLinkup may without notice terminate or suspend the User’s use of or access to the MiaLinkup Site or the Services.
Changes to the MiaLinkup Site and Services
MiaLinkup reserves the right to change any aspect of the MiaLinkup Site or the Services including the right to refuse or remove any part of the Site Content, whatever the source, at any time without any notice or liability to the User.
Prohibited Use of the MiaLinkup Site
The User may not use the MiaLinkup Site to engage in any unlawful activity or to infringe the rights of MiaLinkup, its affiliates, or its customers, or any third party. The User will not (and will not allow the User’s employees or agents to) (I) interfere with the operation of the MiaLinkup Site or the Services in any way, or interfere with anyone’s use or enjoyment of the MiaLinkup Site or the Services, or use the MiaLinkup Site or the Services to gain unauthorized access to other computer systems; (ii) send chain letters, junk mail, or spam or use any distribution lists in respect of any person who has not given specific permission to be included in such a process or to distribute or publish advertisements or solicitations of business other than such communications expressly permitted by MiaLinkup; (iii) broadcast, publish or transmit any unlawful, harassing, libellous, defamatory, abusive, threatening, or harmful material of any kind or broadcast, publish or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation; (iv) impersonate any person or entity on or through the MiaLinkup Site; (v) post any content that infringes or misuses any copyright or other right of any person, or may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable; (vi) reverse assemble, reverse engineer, decompile, or otherwise attempt to derive source code from the software used in the MiaLinkup Site or any component thereof (except as permitted under applicable local law after having given MiaLinkup written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability); (vii) copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the MiaLinkup Site or the Site Content or the Services or any component thereof other than as may be expressly permitted by MiaLinkup or as permitted by applicable laws; or (viii) disclose the User’s password or otherwise grant access to the MiaLinkup Site to any third party, other than the User’s authorized agent. The User agrees to abide by all additional rules, policies, and restrictions of which the User is provided with notice that apply to any portion of the MiaLinkup Site or the Services.
Operation and Maintenance of the MiaLinkup Site
MiaLinkup operates the MiaLinkup Site in a commercially reasonable manner and may from time to time interrupt the MiaLinkup Site’s services for regular and emergency maintenance. Where MiaLinkup has advance knowledge of any interruption to the Services, MiaLinkup will make reasonable efforts to provide advance notice to the User of any such interruption.
Monitoring Use of the MiaLinkup Site and Services
Intellectual Property of MiaLinkup
The copyright to the MiaLinkup Site, the design and appearance of the MiaLinkup Site, and all of the material and the Site Content are owned by or licensed to MiaLinkup. This material is protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of Site Content, including caching, framing, or similar means, from the MiaLinkup Site (except as permitted herein) without permission of MiaLinkup is expressly prohibited.
MiaLinkup and other MiaLinkup graphics, logos, publication designs, and service names are trade-marks of MiaLinkup or its affiliates or associates. All other trade-marks not owned by MiaLinkup or its affiliates that appear on the MiaLinkup Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MiaLinkup or its affiliates. The display of any trade-marks on the MiaLinkup Site does not imply that a license has been granted for any further use.
Trademark License for Marketing, Promotion, and Distribution
Each party (as “Licensor”) hereby grants to the other party (as” Licensee”) a nonexclusive, non-royalty bearing, worldwide license to use its trademarks and logos and, in the case of User , the trademarks and logos of any of its affiliates and the licensors of User and its affiliates that are implementing Apps on the MiaLinkup Site to market, promote, distribute, and deliver Apps as contemplated by this Agreement. The Licensor may terminate or limit the foregoing license if, in the Licensor’s reasonable discretion, the Licensee’s use of the Licensor’s Mark tarnishes, blurs or otherwise dilutes the quality or goodwill associated with the Marks and such use is not cured within ten (10) days of receipt of a written notice thereof. Title to Licensor’s Marks, and all goodwill associated therewith, remains with the Licensor. The Licensee shall use the Licensor’s Marks exactly in the form provided and pursuant to any style guidelines communicated to it. The Licensee shall not take any action inconsistent with the Licensor’s ownership of its Marks, and any benefits accruing from use of such Marks, including all goodwill associated therewith, shall MiaLinkupally vest in the Licensor. The Licensee shall use the Licensor’s Marks in a manner that creates a separate and distinct impression from any other trademark, trade name or service mark.
Claims of Infringement
MiaLinkup respects the intellectual property rights of others. If any person believes that his or her work is accessible on or through the MiaLinkup Site in a way that constitutes copyright infringement, please contact firstname.lastname@example.org to report copyright infringement. Upon provision of a notification in accordance herein, MiaLinkup, in its discretion, may suspend access to such allegedly infringing content until resolution of the dispute between the rights holder and the alleged infringer.
Dealing with Third Parties
Any correspondence or business dealings with any third parties found on or through the MiaLinkup Site is solely between the User and such parties. MiaLinkup is not responsible for any damages the User may suffer by entering into such transactions or communications.
No Warranties and No Liability
The User acknowledges and agrees that the MiaLinkup Site and the Services are provided on an “as is”, “without any warranties”, and “without any liability” basis. The parties to these Terms and Conditions acknowledge and agree that this limitation on liability is reasonable in the circumstances.
MiaLinkup does not guarantee the quality, accuracy, completeness, or timeliness of the MiaLinkup Site or the Services provided in connection therewith, which may contain errors. The User should not assume that the User’s use of the MiaLinkup Site or the Services will be error free or that the Site will operate without interruption. MiaLinkup does not warrant that the MiaLinkup site, its servers, or any communication originating from the MiaLinkup site OR MiaLinkup are free of viruses, trojan horses, or other harmful components.
MiaLinkup disclaims And EXCLUDES To the Maximum Extent Permitted by Applicable Law all warranties, representations, and conditions regarding use of the MiaLinkup Site or the Services, including all implied warranties or conditions of merchantability, MERCHANTABLE QUALITY, fitness for a particular purpose, or non-infringement, whether express or implied and whether arising from a course of dealing, usage, or trade practice.
MiaLinkup is not responsible for any indirect, special, incidental, consequential, or punitive damages whatsoever arising out of or in connection with the use Or Misuse of the MiaLinkup Site or the Services or in reliance on the Apps available on the MiaLinkup Site, including without limitation any business interruption, loss of use, lost data, lost profits, failure to realize expected savings, or any pecuniary loss, whether in an action of contract, civil liability, negligence, or other tortious action, even if MIALINKUP has been informed of the possibility of such damages or such damages are reasonably foreseeable.
Where the limitation or the exclusion of certain types of damages is not allowed, the limitations, exclusions, and disclaimers in these terms and conditions shall not apply only if and to the extent that the laws of a competent jurisdiction requires liabilities beyond and despite the limitations, exclusions, and disclaimers in these terms and conditions.
Limit on Damages and Claims
Notwithstanding any other provisions of these terms and conditions, the User acknowledges and agrees that under no circumstances shall the aggregate of MiaLinkup’s liability exceed the fees actually paid by the User in respect of the MiaLinkup site or, in the event that the User has not paid any fees in respect of the site, CDN$100.00.
Any cause of action that the User may have arising out of or related to the MiaLinkup site or the services must commence within one (1) year after the cause of action accrues. Otherwise, unless and to the extent such limitation is prohibited by applicable laws, such cause of action is permanently barred.
The User hereby agrees to hold harmless and indemnify MiaLinkup and its officers, directors, employees, consultants, and agents from any and all third party claims, liability, damages, or costs they incur arising as a result of the User’s misuse of the MiaLinkup Site & Services, the User’s violation of these Terms and Conditions, or the User’s infringement of any intellectual property or other right of MiaLinkup or any other person or entity, including such activities that are carried out by any individual using the User’s account ID or password information.
Any dispute relating to the MiaLinkup Site or Services shall be governed by British Columbia and Canadian law and shall be adjudicated by the courts of British Columbia, Canada. Nothing in these Terms and Conditions shall prevent MiaLinkup from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over the User or otherwise over such subject matter. MiaLinkup makes no representation that the MiaLinkup Site or the Services are appropriate or available for use in all locations, and accessing the MiaLinkup Site from territories where the MiaLinkup Site or its content is illegal is prohibited. If the User chooses to access the MiaLinkup Site from such a location, the User does so on the User’s own initiative and the User is responsible for compliance with applicable local laws.
Specific Terms Applicable to Certain Users
Type of Users
While all Users are subject to the General Terms above, certain Users are subject to further specific terms. The types of Users are:
“Purchaser” which means a User who places an Order;
“Developer” which means a User who uploads Apps and makes such Apps available to the public
For greater certainty, a Developer may be a Purchaser as well, and a Purchaser who makes Apps publicly available on the MiaLinkup Site becomes a Developer.
Private Uploaded Apps
Apps which are not made publicly available on the MiaLinkup Site is referred to as “Private Apps”. Subject to any other agreement between the Developer and MiaLinkup (i) the Developer represents and warrants that the Developer owns the Private App and all intellectual property rights and other rights therein or has obtained all license rights necessary to enable the relevant activities, (ii) the Developer is responsible for ensuring that the Developer has the right to provide the Private App to MiaLinkup for hosting and transmission with the MiaLinkup Site and the Services (to the extent applicable), and (iii) notwithstanding any disclaimers or limitations otherwise applicable in respect of the Private App, the Developer agrees to hold harmless and indemnify MiaLinkup for any liability arising from the Private App.
Subject to any other agreement between Developer and MiaLinkup (i) Developer represents and warrants that Developer owns the Published App and all intellectual property rights and other rights therein or has obtained all license rights necessary to enable the relevant activities, (ii) Developer is responsible for ensuring that Developer has the right to provide the Published App to MiaLinkup for hosting and transmission in connection with the MiaLinkup Site and the Services, and (iii) notwithstanding any disclaimers or limitations otherwise applicable in respect of the Published App, the Developer agrees to hold harmless and indemnify MiaLinkup for any liability arising from the Published App.
By uploading or otherwise making available Published Apps, Developer grants to MiaLinkup the right to make available such Published Apps on the MiaLinkup Site and allow others to use the Published App as contemplated in these Terms and Conditions and in the applicable service and product descriptions.
In the event of any inconsistency between the provisions of these Terms and Conditions and the applicable license terms, these Terms and Conditions shall prevail to the extent of such inconsistency and such license terms will be deemed to have been modified, in writing, by MiaLinkup and Developer.
Ownership of Uploaded Apps
Unless otherwise stated for specific Services, the Developer or its licensors will retain ownership of and all related rights in any original content provided by the Developer.
Fair Use Policy
MiaLinkup endeavours to maintain fair usage of data for customers by providing maximum allowable data usage amounts for consumer accounts. This prevents abuse and ensures the best possible pricing for everyone in our community.
The MiaLinkup Fair Use Policy data usage limits for consumer accounts is 2 MG per month when using MiaLinkup within your home country with less than 40% data usage roaming outside your home country.
These limits are based on estimates from frequent usage of MiaLinkup and our ecosystem of apps.
Exceeding MiaLinkup Data Fair Use Policy Limits
If you exceed the MiaLinkup Data Fair Use Policy usage limits per month (30 days) for two consecutive months (60 days), MiaLinkup may contact you to discuss our data plan options for heavy users and businesses.
Following 60 days, regardless of whether we have been in direct contact with you or not, MiaLinkup may begin charging your account per megabyte beyond your allowed usage beginning on the first day of the 3rd month and continuing for as long as you exceed usage limits for your account.
This will be in effect for all of your data services provided by MiaLinkup.
Please be assured that this charge will only initiate if you surpass maximum data usage for 60 consecutive days.
If you go over the data limit, you’ll receive an email from our customer service team informing you that your data limit has been exceeded and what to do to prevent being charged.
To prevent from being charged, you can also closely monitor your data usage on your MyMiaLinkup account.
Should you have any questions or concerns please contact customer service.
Any Order which specifies delivery of shipment in Canada is subject to Canadian Goods and Services Tax (“GST”) and may also be subject to Provincial Sales Tax (“PST”) or Harmonized Sales Tax (“HST”). In some circumstances, the Purchaser may be required to self-assess PST and remit the appropriate amount in accordance with the applicable laws.
Any Order which specifies delivery of shipment outside Canada may be subject to additional or other taxes or charges, all of which are the responsibility of the Purchaser.
Delivery of an Order may be subject to import taxes, customs duties, and fees levied by the country where the recipient receives shipment of the Order (“Import Fees”), which may include Canada in the circumstances where MiaLinkup uses a third-party service provider located outside Canada to ship the Order to the Purchaser. The Purchaser is responsible for all Import Fees and any additional charges for customs clearance. MiaLinkup has no control over these charges. Customs policies vary widely from country to country; a Purchaser should contact his/her local customs office for further information.
Risk of Loss
If an item ordered from MiaLinkup is substantially damaged in transit to the Purchaser, the Purchaser may request a replacement from MiaLinkup, at MiaLinkup’s cost, provided that the Purchaser will, as directed by MiaLinkup, either return the item to MiaLinkup or destroy the item.