Terms of Use

 

1.BACKGROUND

These terms of use (the “Terms” or “Terms of Use”) govern your access of Phyxable whether accessed: (a) on a computer, connected to the internet at Phyxable.com (the “Website”); (b) on Phyxable Inc. social media properties; or (c) by mobile device (individually and collectively, (a), (b), and (c) are the “Product”), as owned and operated by Phyxable Inc., a company located at 8500 Warden Ave, Markham, Ontario, Canada (referred to in these Terms as “we”, “us” or the “Company”). These Terms govern the use of all persons using the Product, including without limitation, the account manager or organization who registers an account on the Product (the “Account Manager”), all additional accounts (collectively, along with the Account Manager, “You” or the “User”), who have registered for the use of the Product, and are binding on any use of the Product, and apply to You from the time that You access the Product. For clarification, “You” includes terms such as “your” and “yourself”.

2. APPROVAL OF THE TERMS

It is important that You read these Terms carefully. If You do not agree to these Terms, please do not use the Product or browse the Website. By accessing or using the Product, You represent, warrant and signify that: (a) You are at least 18 years of age; (b) You have read, understood and agree to be bound by these Terms as they may be amended from time to time; and (c) You have read and understand our Privacy Policy, the terms of which are incorporated herein by reference, and agree to abide by the Privacy Policy.

You may not use the Product nor accept these Terms if you are not of a legal age to form a binding contract with us. If You accept these Terms, You represent that You have the capacity to be bound by them, or if You are acting on behalf of a company or entity, that You have the authority to bind such company or entity (and in which case “You” will refer to the company or entity).

3. AMENDMENT

We may add to, discontinue or revise these terms or any aspect, mode, design, or service provided under the Product, which include but are not limited to the:

a) scope of the features;
b) timing of the features;
c) software/hardware required for access to the Product; and
d) geographic locations or jurisdictions in which certain features may be available.

We may amend the Terms without notice for non-material amendments. In the event of a material change, we will provide you a notice of a material change in the Terms and conditions (including changes in pricing) via e-mail to the e-mail address supplied to us by your account setting out:

a) the new or amended agreement terms;
b) how such terms read formerly;
c) the date of the coming into force of the amendment; 
d) the means in which You can respond and the effects of not responding; 
e) the option to either terminate the agreement or retain the existing agreement unchanged; and
f) the language of this provision with reference to the applicable consumer protection legislation rules for amending these terms and making any additional requirements for amendments as prescribed by law (if any).

We highly recommend that Users read any amendments carefully. Unless explicit consent is required by the law, we have the right to assume that You have accepted the change to the terms and conditions, unless You notify us to the contrary.

We will post the most current Terms on the Website and your use of the Product will be subject to the most current Terms as posted on the Website at such time. It is your responsibility to visit this page to find any updates that may have been made to the Terms. You hereby agree that Phyxable Inc. shall not be liable to You or any other third party for any amendments to the Terms of Use.

4. TERMINATION

These Terms are effective on the date that You access the Product and will continue to apply until our relationship with You is terminated. Users may terminate their relationship with us by notifying Phyxable Inc. via email noted below. The services provided by the Product and the applicable fees shall continue until the end of the user’s current to close your account, and to cease your use of the Product.

We may terminate our relationship with You immediately at any time and for any reason including, but not limited to, a breach of these Terms under the following circumstances:

a) if You have not adhered to any or all the provisions of the Terms (such as a failure to pay fees when due) or if it appears that You do not intend to or are unable to comply with the Terms, such determination to be made solely at our discretion;
b) if we have changed our Terms or Privacy Policy and have not received your required consent, subject to the amendment provision in this Agreement; 
c) if we are required to terminate the relationship by law; 
d) if we receive any notice of your misuse of the Product; or 
e) if provision of the Product is no longer commercially viable for us.

Upon termination of our relationship, we will immediately revoke your license to use the Product and block all access to your account, and may delete all data and information associated with your account after such termination. Upon termination of this relationship, You will remain liable for any accrued charges and amounts which become due for payment prior to or following termination. If you do not log into your account for 250 days or more than 12 months, we may treat your account as “inactive” and permanently cancel your account upon delivery of written notice and delete your information 60 days after such notice has been delivered.