© 2017 BY APPFABRIQA CREATIVE INC.

info@appfabriqa.com   |  Vancouver, British Columbia

  • Facebook Basic Black
  • Twitter Basic Black
  • Black Instagram Icon

TERMS OF USE

BY USING THE PLATFORM (AS THAT TERM IS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 3 BELOW TITLED "CHANGES TO THESE TERMS OF USE AND PLATFORM". THE TERM "YOU" REFERS TO THE PERSON OR ENTITY VISITING THE WEBSITE (AS THE TERM IS DEFINED BELOW) OR INSTALLING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE PLATFORM ("USE" OR "USING" IN THESE TERMS OF USE WILL MEAN ANY OF THE FOREGOING). IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT USE THE PLATFORM. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU AGREE TO THESE TERMS OF USE AND AGREE ON BEHALF OF YOUR CHILD(REN) WHO ARE AUTHORIZED BY YOU TO USE THE PLATFORM AND TAKE FULL RESPONSIBILITY AND LIABILITY FOR THEIR USAGE.

1. Acceptance of Terms of Use

a) The following terms of use, including as applicable, all Appendices (the"Terms of Use") govern your use of: (1) our website located at www.previewcareers.com (the "Website"); (2) all other products or services provided by us, as described on the Website (collectively, the"Platform").

b) These Terms of Use form an agreement between Appfabriqa Creative Inc. ("Appfabriqa", "Preview", "us", "we", "our") and you.

2. Terms Applicable to Platform Users and Mentors

In addition to the terms and conditions set out in the main body of these Terms of Use:

a) if you are only a platform user, the provisions set out in Appendix A (Terms Applicable to Platform Users) will apply and the provisions set out in Appendix B (Terms Applicable to Mentors) will not apply;

b) if you are only a Mentor, the provisions set out in Appendix B (Terms Applicable to Mentors) will apply and the provisions set out in Appendix A (Terms Applicable to Platform User)s will not apply; and

c) if you are both a Platform User and a Mentor, the provisions set out in Appendix A (Terms Applicable to Platform Users) and Appendix B (Terms Applicable to Mentors) will apply

 

3. Changes to these Terms of Use and Platform

a) Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time without notice. Your continued use of the Platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly for any changes.

b) We reserve the right to change any information, material or content contained on or provided through the Platform at any time, and from time to time, without notice.

 

4. Usage of the Platform

a) As a condition of being granted a right to use of the Platform, you represent, covenant and warrant that: (1) you possesses the legal authority to create a binding legal obligation; (2) in the case where you are a natural person, you have reached the age of majority in your jurisdiction or, if you have not reached the age of majority in your jurisdiction, your parent or guardian has also accepted these Terms of Use; and (3) you will use the Platform in accordance with these Terms of Use.

b) We retain the right, at our sole discretion, to temporarily or permanently deny you access to the Platform (or any part thereof) for violation of these Terms of Use.

5. License Grants

a) We grant you a personal, revocable, non-exclusive, non-sublicensable and non-transferable license during the Term to use the Platform in accordance with these Terms of Use for the Permitted Use only.

b) (b) You grant to us a perpetual, irrevocable, royalty-free, fully paid-up and worldwide license to access, collect, store, disclose and use any data, information, records and files that you load, transmit to or enter into the Platform for the purposes of: (i) making available the Platform; (ii) developing and improving the Platform; (iii) complying with applicable law; and (iv) complying with our reasonable audit and data retention policies.

6. Ownership

We expressly reserve all rights in and to the Platform (and any part thereof) that are not specifically granted to you under these Terms of Use. You acknowledge and agree that all right, title and interest in the Platform (and any part thereof), all information, material or content provided by us to you in connection with these Terms of Use, and any update, adaptation, translation, customization or derivative work to any of the foregoing, will remain with us (or our third party suppliers, if applicable). The Platform and all materials provided by us hereunder are licensed and not "sold" to User.

 

7. User Accounts

You will be required to sign up for a user account (the "User Account") using the available interfaces on the Platform and be issued with a username and password login credentials ("User ID") in order to use the Platform and communicate with Platform Users or Mentors through the Platform. You are responsible for keeping your User ID secure and will not share your User ID with anyone else. You are responsible for all acts or omissions carried out under your User ID. We reserve the right to disable any User Account issued to you at any time in the event that we believe or reasonably suspect that a User ID has been used contrary to these Terms of Use or otherwise misused.

8. Privacy Policy; Privacy Warranty

a) Please click the following link to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing personal information, and which is hereby incorporated into and forms a part of these Terms of Use: Appfabriqa’s Privacy Policy

b) You agree and warrant that: (i) you will, at all times, comply with all applicable laws (including all applicable privacy laws); and (ii) all information, material or content that you provide to us will contain no information about an identifiable individual or information that is otherwise subject to applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (Canada) or equivalent provincial legislation ("Personal Information"), except for Personal Information in respect of which you have obtained all applicable third party consents, authority and permissions, and have made all applicable third party disclosures, in each case if and as required by applicable laws (including privacy laws), regarding all collection, storage, use, disclosure and transmission, including to us and to all applicable third parties.

 

9. No Unlawful or Prohibited Use

You will not, without our prior written permission, use the Platform for purposes other than the Permitted Use. Without limiting the generality of the foregoing, You will not, and will not permit anyone else to: (a) "frame", "mirror" or otherwise incorporate the Platform or any part thereof on any commercial or non-commercial website; (b) access, monitor or copy any part of the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (c) violate the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Platform; (e) deep-link to any portion of the Platform for any purpose; (f) remove any watermarks, labels or other legal or proprietary notices included in the Platform; (g) modify or attempt to modify the Platform, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform; (h) use the Platform as part of any service for sharing, lending or multi-person use; (i) attempt to assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform; (j) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform; (k) create adaptations, translations or derivative works based on the Platform, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform; (l) use the Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or (m) upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by our sole discretion.

10. Third Party Websites

The Platform may provide links to third party websites. We do not endorse the information contained on those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under our control, and if you choose to access any such website, you do so entirely at its own risk.

11. Viruses

We cannot and do not guarantee or warrant that the Platform is compatible with any computer system or that the Platform, or any links from the Platform, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform. We will maintain industry standard anti-virus software and tools on systems providing the Platform.

12. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the Platform. Although we generally adhere to the accepted industry practices in securing the transmission of data to, from and through the Platform, you acknowledge and agree that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with User’s use of the Platform.

13. General Disclaimer

USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY OR TIMELINESS OF THE PLATFORM, OR THAT THE PLATFORM IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION

 

14. Limitation of Liability

a) TYPE. IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE OR LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR ANY PLATFORM USER-MENTOR AGREEMENT.

b) AMOUNT. TO THE EXTENT THE LIMITATION OF LIABILITY IN SECTION 14(a) OF THE MAIN BODY OF THE TERMS OF USE DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF US OR OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS IN CONNECTION WITH OR UNDER THESE TERMS OF USE, ANY PLATFORM USER-MENTOR AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO ANY MENTOR-PLATFORM USER AGREEMENT EXCEED $100CDN. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

 

15. Indemnification

You will defend, indemnify and hold harmless us and all of our officers, directors, affiliates, partners, employees, agents, successors and assigns (collectively, the "Appfabriqa Indemnitees") from and against any liabilities, claims, demands, recoveries, losses, damages, fines, penalties or other costs or expenses, (including but not limited to reasonable legal and accounting fees), claimed against the Appfabriqa Indemnitees by third parties relating to:

a) your breach of any warranties, conditions, representations or obligations under these Terms of Use or any documents referenced herein;

b) your violation of any applicable law (including privacy laws) or the rights of a third party (including, without limitation, privacy or intellectual property rights);

c) your breach of or failure to perform under any Mentor-Platform User Agreement; and

d) any misrepresentations made to other Platform Users or Mentors on the Platform.

 

16. Term and Termination

These Terms of Use will commence on the day you first use the Platform and will continue in force until terminated by either party (the "Term"). Either party may terminate these Terms of Use as follows: (a) we may terminate these Terms of Use at any time and with immediate effect by giving 30 days prior written notice to you by email (at your current email address on file with us) or through the Platform; and (b) you may terminate these Terms of Use upon 30 days prior written notice by requesting (by email or through any then-available interfaces on the Platform) that these Terms of Use be terminated between the parties and all your User Accounts be deleted and by ceasing use of the Platform.

 

17. Geographic Application of the Platform

Not all of the services described on the Platform are available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by applicable law.

 

18. Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. These laws apply to your use of the Platform, notwithstanding your domicile, residency or physical location. The Platform is intended for use only in jurisdictions where they may lawfully be offered for use.

 

Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the Platform.

19. General Provisions

a) These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Platform. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

b) Either party’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right.

c) If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

d) It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

e) The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 5(b) (License Grant), 6 (Ownership), 8 (Privacy Policy; Privacy Warranty), 10 (Third Party Websites), 11 (Viruses), 12 (Communications Not Confidential), 13 (Disclaimer), 14 (Limitation of Liability), 15 (Indemnification), 18 (Governing Law and Jurisdiction), 19 (General Provisions), 2 to 4 of Appendix A, and 2 to 4 of Appendix B.

20. Apple App Store Additional License Terms [not yet implemented]

If the Platform is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, "Apple") App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:

a) These Terms of Use are concluded between the parties, and not with Apple. Apple is not responsible for the Platform and content thereof is governed by these Terms of Use.

b) Notwithstanding anything to the contrary hereunder, you may use the Platform only on an iPhone or iPod touch that you own or control.

c) The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Platform.

d) In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use.

e) Any claim in connection with the Platform related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim.

f) Any third party claim that the Platform or your possession and use of the Platform infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.

g) You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.

h) You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Platform. 
 

Name: Jennifer Chan
Address: 1055 W Hastings Street, Suite 1700 Vancouver, BC
Telephone Number: 604-727-3851
Email Address: jennifer@appfabriqa.com

i) Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you.

j) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement, located athttp://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ (the "Apple EULA Terms") or the App Store Terms and Conditions, located athttp://www.apple.com/legal/internet-services/itunes/ca/terms.html (the " Apple App Store Terms") as of the Effective Date, the terms and conditions of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply to the extent of such inconsistency or conflict.

21. Google Play Additional License Terms [not yet implemented]

If the Platform is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, "Google") Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:

a) You acknowledge that Google is not responsible for providing support services for the Platform.

b) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement located at https://play.google.com/about/developer-distribution-agreement.html (the "Google EULA Terms") as of the Effective Date, the terms and conditions of Google EULA Terms will apply to the extent of such inconsistency or conflict.

Appendix A – Terms Applicable to Platform User

 

1. Permitted Use

The Platform is provided solely (the "Permitted Use") to: (1) enable you to search for and view the profile made available by Mentors with the objective of entering into a Mentor-Platform User Agreement; and (2) facilitate communication between you and Mentors.

2. Mentor-Platform Agreements with Mentors

a) If you would like to engage a Mentor through the Platform, you may enter into a Mentor-Platform User Agreement with that Mentor by selecting one or more Mentor dates and times with that Mentor and requesting a meeting. By sending a request to a Mentor, you are extending an offer to enter into a contract on such terms and conditions as set out in that Mentor’s profile, including without limitation: (1) the description of the Mentor’s services; (2) the Mentor’s expertise and interests; (3) the mentoring dates and times you have selected. When the Mentor has accepted the session, the Mentor has accepted your offer and the Mentor-Platform User Agreement is formed. You will receive a notification through the Platform/email that your offer has been accepted.

b) Notwithstanding the foregoing, you acknowledge that you are engaging directly with the Mentor and not us, and that we are not a party to and will be in no way responsible for the performance of any Mentor under any Mentor-Platform User Agreement. We do not make any representations or warranties of any kind with respect to a Mentor or a Mentor-Platform User Agreement and you acknowledge and agree that we are not an agent or representative of you or any Mentor.

3. Mentor Disclaimer

 

MENTORS ARE INDEPENDENT PERSONS AND NOT PARTNERS, AGENTS OR EMPLOYEES OF OURS. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER THE QUALITY, PUNCTUALITY, KNOWLEDGE, TRAINING OR LEGALITY OF THE SERVICES THAT MENTORS DELIVER. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONDITIONS, BREACHES OR NEGLIGENCE OF ANY MENTOR OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKE NO RESPONSIBILITY WHATSOEVER RELATED TO ANY MENTOR-PLATFORM USER AGREEMENTS ENTERED INTO BY YOU AND ANY MENTORS (INCLUDING ANY DELAYED OR INCORRECT PAYMENTS OR NON-PAYMENTS UNDER SUCH MENTOR-PLATFORM USER AGREEMENTS). WE DO NOT RECOMMEND OR ENDORSE ANY MENTORS AND RECOMMEND THAT YOU PERFORM YOUR OWN DUE DILIGENCE BEFORE ENTERING INTO ANY MENTOR-PLATFORM USER AGREEMENT.

 

Appendix B – Terms Applicable to Mentors

 

1. Permitted Use by Mentors

The Platform is provided solely (the "Permitted Use") to: (1) enable to make available information about yourself and your experience on the Platform to facilitate communication between you and the Platform User.

2. Mentor-Platform User Agreements with Platform User

a) A Platform User may enter into an agreement through the Platform for your services by selecting one or more mentor dates and times with you and requesting a session. By sending you a request, the Platform User is extending into an offer to enter into a contract on such terms and conditions as set out in your Mentor Profile, including without limitation: (1) the description of your menotr services; (2) your expertise and interests. By accepting to the meeting you have accepted the Platform User’s offer and the Mentor-Platform User Agreement is formed. The Platform User will receive a notification through the Platform/email that you have accepted their offer.

b) Notwithstanding the foregoing, you acknowledge that you are engaging directly with the Platform User that receives your services and not us, and that we are not a party to and will be in no way responsible for the performance of any Platform User under any Mentor-Platform User Agreement. We do not make any representations or warranties of any kind with respect to a Mentor or a Mentor-Platform User Agreement and you acknowledge that We are not an agent or representative of you or any Platform User.

c) You agree to not contact the Platform User directly off of the platform without requesting the information through the Preview Platform.

3. Platform User Disclaimer

PLATFORM USERS ARE INDEPENDENT PERSONS AND NOT PARTNERS, AGENTS OR EMPLOYEES OF OURS. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO CONTROL OVER THE QUALITY AND PUNCTUALITY OF ANY PLATFORM USERS. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONDITIONS, BREACHES OR NEGLIGENCE OF ANY PLATFORM USER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER 

beta

Serving you from the beautiful city of Vancouver, British Columbia

Drop us a line. Tell us about your dream career.
  • Facebook - White Circle
  • LinkedIn - White Circle
  • Instagram - White Circle
  • Twitter - White Circle