Last Updated: October 27, 2020
Thank you for visiting the XOKEN (“Xoken”) application (“App”). This document sets forth the terms and conditions that apply to your use of the App.
- Contractual Relationship
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Xoken may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular city webpage on Xoken.ca) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Xoken may amend the Terms from time to time. Amendments will be effective upon Xoken’s posting of such updated Terms on our App or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If you do not agree to the revised terms, please stop using the App and/or Services.
- General Use and App License
The App and Services are designed for use by only those individuals who are at least eighteen (18) years of age. If you are not eighteen (18) years of age or older, please do not use the App and Services without the permission and supervision of your parent or legal guardian. If you are a parent or legal guardian and have authorized a minor to use the App and Services, you agree that you are responsible for the online conduct of the minor, and the consequences of any misuse of the App and/or Services by the minor.
You are solely responsible for your interactions with other users of the App. We reserve the right, but are under no obligation, to monitor disputes between you and other users.
You are responsible for keeping your device and your Xoken account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
You agree that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this App and all charges related thereto. We shall not be liable for any damages to the End User’s equipment, or data charges resulting from the use of this App.
“Services” include our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and any service we make available to or perform for you, as well as the offering of any materials displayed, transmitted or performed on or through the App. Anything a user posts to or otherwise makes available on the App is referred to as “User Content”. “Content” includes both content generated by Xoken and User Content.
You must register for our Services. In doing so you will be asked to provide a name, and valid current mobile phone number. If your mobile phone number changes then you will need to update it on the App to continue using our Services. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services. By registering to use the App, you are agreeing to be kept permanently signed in on your device unless the account is completely deactivated.
Communications: By registering with Xoken, you agree to receive communications from our Services and understand that these communications are essential for the functioning of the App. However, you can change the frequency of the communications by modifying your account preferences. You also have the option of unsubscribing from any non-essential communications from Xoken. You can also unsubscribe from any future communications from Xoken if you choose to deactivate your account.
Xoken grants you a limited, non-exclusive license to access the App and use the Services for your own personal, non-commercial purposes, which includes the right to view, download and copy Content available on the App. For these purposes, “personal and non-commercial use” does not include the posting, uploading or otherwise publishing of Content to any other App, except that you may post Content from the App to blogs and social media web sites and services, for personal, non-commercial purposes. This license does not include any rights not specifically enumerated herein. The license is yours and may not be assigned or sublicensed to anyone else.
Xoken may terminate or suspend any and all Services and/or your Xoken user account immediately, without prior notice or liability, including without limitation if you breach the Terms. Upon termination of your account, your license will be revoked and your right to use the Services will immediately cease. If you wish to terminate your Xoken account, you may simply discontinue using the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Prohibited Uses
As a condition to using the Services, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by Xoken. By way of example, and not as a limitation, you agree not to use the Services:
- To collect and use product listings, descriptions or images;
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction in which you use the Services;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Xoken App user;
- To reverse engineer, decompile or disassemble the App, or to convert into human readable form any of the contents of this App not intended to be so read, including but not limited to using or directly viewing the underlying code for the App except as interpreted and displayed in a web browser
- To create or transmit unwanted ‘spam’ to any person or any URL;
- To violate or attempt to violate the security of the App;
- To post copyrighted Content which doesn’t belong to you, with the exception of blog content, in which case you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the App for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the App or any activities conducted on the App; or (iii) bypass any measures we may use to prevent or restrict access to the App;
- To promote or sell Content of the App or any of its contents;
- To advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this App to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Xoken;
- To interfere with or attempt to interfere with the proper working of the App
- To sell or otherwise transfer your profile; or
- Intellectual Property Rights
Unless you are advised otherwise, everything you see or read on the App is subject to copyright, trademark or other forms of legal protection owned by or licensed by third parties to Xoken. Content may not be used except as provided in these Terms or in the text of the App without the written permission of Xoken.
Images displayed on the App are either the property of, or used with permission by, Xoken. Use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the App. Any unauthorized use of such images or other Content may violate the law.
The trademarks and logos (collectively the “Trademarks”) displayed on the App are registered and unregistered Trademarks. Nothing contained in the App gives you permission to use these Trademarks, and your use of the Trademarks is strictly prohibited. Xoken reserves the right to enforce its intellectual property rights where applicable.
- Merchant Behaviour
For the proper functioning of Xoken queue, it is important that the Merchant follows the token order to allow customers in the store. However the Merchant at their sole discretion may allow people other than those with the token on priority basis e.g Healthcare workers, Seniors, persons with Disability etc.
- Incorrect location
A business might have multiple locations. It is your responsibility as a user to make sure you search for the correct business location and generate a token for the location you are intending to visit. Xoken will not be responsible for delay or missed opportunity or loss of time or money due to incorrect selection of the Business location.
- Delayed notifications
The check in speed of each business can be different. Please keep a track on the number of tokens ahead of you and make sure you reach the store entrance on time. If you don’t reach the location door when it’s your turn to enter, then the Store can cancel your token and allow the next person to enter. Xoken will not be responsible for you reaching late as a result of delay in sending push notification or updating the app token status.
- Copyright Complaints
Xoken respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the App infringes the copyright or other intellectual property right (“Infringement”) of any person. Xoken will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating user accounts and access to the App.
To notify Xoken of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement”, care of firstname.lastname@example.org, and include in your notice a detailed description of the alleged Infringement sufficient to enable Xoken to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Xoken with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at email@example.com. You must include in your counter notice sufficient information to enable Xoken to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended that you seek independent legal advice.
The Services may provide, or third parties may provide, links to other World Wide Web sites or Apps or resources. Because Xoken has no control over such Apps and resources, you acknowledge and agree that Xoken is not responsible for the availability of such external Apps or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Apps or resources. You further acknowledge and agree that Xoken shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such App or resource.
- Release and Indemnity
You hereby expressly and irrevocably release and forever discharge Xoken, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgements, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the App and the Services.
- Limitation Of Liability
In no event shall Xoken be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the App, the Services or any Content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services (however arising), or (iii) for any direct damages in excess of (in the aggregate) $100.
- Disclaimer of Warranties
THIS APP, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY THE XOKEN ON AN “AS IS” AND “AS AVAILABLE” BASIS. XOKEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APP, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS APP, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, XOKEN DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, XOKEN MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS APP AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. XOKEN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS APP.
BY USING XOKEN APP, YOU ACKNOWLEDGE THAT YOUR USE OF THE APP, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS APP, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. XOKEN DOES NOT WARRANT OR GUARANTEE THAT ITS APP, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF XOKEN ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, XOKEN DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS APP, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND XOKEN, OR BETWEEN YOU AND ANY OTHER USER OF THE APP, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
You agree that if you are dissatisfied with the App or any services offered in connection with the App, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against XOKEN with respect to this Agreement or the App, your sole and exclusive remedy is to discontinue using the App and any services offered in connection with the App.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind Xoken in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Xoken shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Xoken’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Xoken may transfer, assign or delegate the Terms and its rights and obligations without consent.
- Governing Law and Resolution of Disputes
The Terms shall be governed by and construed in accordance with the laws of Ontario, as if made within Ontario between two residents thereof, and the parties submit to the exclusive jurisdiction of Ontario courts. We have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent sont rédigés en anglais.
The division of these Terms and Conditions into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of these Terms and Conditions. In these Terms and Conditions, words importing the singular number include the plural and vice versa, word importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in these Terms and Conditions, unless otherwise specified, are in Canadian dollars.
- Entire Agreement
These Terms and Conditions, as they may be amended from time to time in accordance with the provisions of these Terms and Conditions, and any and all other legal notices and policies on this App, constitute the entire agreement between you and Xoken with respect to the use of this App and the Services and Content.
No waiver of any of the provisions of these Terms and Conditions shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Any provision of these Terms and Conditions which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms and Conditions or affecting the legality, validity or enforceability of such provision in any other jurisdiction.