Truly Legit may modify, supplement or amend these Terms and Conditions at
its sole discretion. Your continued use of the Platform after the
modifications, supplements or amendments to these Terms and Conditions
will be evidence that you acknowledge and agree to be bound by the
modified Terms and Conditions. You are not required to accept and may
reject the modifications, but if you do not accept the modifications, you
are no longer entitled to use the Platform.
The Services (as defined herein), the Platform, and our Website are
available only to, and may only be used by persons who can enter into
legally binding contracts under applicable law. Without limiting the
foregoing, the Services, Platform, and our Website are not available to
minors, and minors are strictly prohibited from using the Services, the
Platform, and our Website. If you are under the age of majority in your
jurisdiction, please do not use the Services or the Platform, or any of
our Website. The Services, Platform, and our Website are also not
available to you if:
- Use of the Platform
- Subject to all of these Terms and Conditions, Truly Legit grants you
a limited, non-exclusive, non-transferable and personal license to
access and use the Platform and have an object code version of the
software Platform reproduced on your mobile device or other
applicable device, solely to support User’s use of the Services and
Platform and otherwise in accordance with any applicable
documentation and these Terms and Conditions, provided you have
created an account through the Platform by registering to use the
Platform and Services or have signed in as a guest and are in
compliance with these Terms and Conditions. In these Terms and
Conditions, reference to “Users” herein shall include both Users who
subscribe to and register an account through the Platform and Users
who do not register through the Platform.
- You agree to provide accurate, current, and complete information
required to register or create an account, and whatever information
relating to You is required in connection with the Website, the
Platform, and/or the Services (the “Registration Data“). You further agree to maintain and update your Registration Data
as required to keep it accurate, current, and complete. Truly Legit
may terminate your right to access and/or use any or all of the
Site, the Platform, and/or the Services, or your account, if any
information you provide is false, inaccurate or incomplete. You
agree that Truly Legit may store and use the Registration Data you
provide for use in maintaining and managing your account. Users are
responsible for maintaining the confidentiality and security of
their Registration Data and account credentials, and are responsible
for any and all activities carried out through their account.
- Truly Legit vetting process is based on a range of factors,
including but not limited to, business practices, compliance with
legal and regulatory requirements, and reputation. Truly Legit
reserves the right to modify our vetting process at any time, in our
sole discretion.
- Copyright Laws
Truly Legit or its licensors are the owners of all now known or
hereafter known tangible and intangible rights, title, interest,
copyrights and moral rights in and to the Site, the Services, and the
Platform, and the Truly Legit software, product concept, including but
not limited to all text, data, computer code, algorithms, and
information. The Platform, the Site, and all content included on the
Site and the Platform is the property of Truly Legit or its licensors
and is protected by Canadian and international copyright laws. You
agree not to permit access to the Platform or the Services to others,
and not to publish, reproduce, sublicense or modify any content
appearing on the Platform for any purpose without the prior written
consent of Truly Legit.
- Access at Sole Discretion of Truly Legit
In its sole discretion and for any reason, in addition to any other
rights or remedies available to Truly Legit and without any liability
whatsoever, Truly Legit at any time and without notice may terminate
or restrict your access to the Platform and any component or Services
available through the Platform.
- Nature of Engagement
Truly Legit makes available the Platform and Services as an
independent contractor. Nothing contained in these Terms and
Conditions shall be construed to create or imply a joint venture,
partnership, principal-agent, or employment relationship between the
User and Truly Legit.
- Access to Services
Each User may access and use the Platform and Services solely for its
own benefit or the benefit of its organization, and in accordance with
these Terms and Conditions. Use of and access to the Platform and
Services is permitted only by the User who registers to use the
Platform and Services, and such registration is not transferable.
- Payment
- In consideration for the Services and any applicable licenses, User
shall pay Truly Legit in the manner and at the rates and time(s)
agreed upon between the parties. Unless otherwise agreed upon
between the parties, User agrees to pay Truly Legit on either a
monthly, annual or biennial basis during the Term of these Terms and
Conditions. It is the User’s responsibility to cancel their Services
and plan, failing which the User will be continuously billed. Your
subscription to our Services may be cancelled in accordance with
section 13 of these Terms and Conditions.
- All fees are in U.S. dollars. It is at Truly Legit’s sole discretion
to make changes to the applicable fees or charges for the Services,
including but not limited to, adding additional fees or charges,
where applicable, for the Services. If User does not accept the
changes, the User may cease using the Services, and Truly Legit may
discontinue providing the Services to User.
- Truly Legit offers an auto-renewal feature for our Services and
Platform, which is designed to ensure continuity of service to the
Platform and Services. When you sign up for our Services or the
Platform, you will be automatically opted-in to our auto-renewal
feature. When you sign up for our Services or the Platform, your
subscription will automatically renew at the end of each billing
cycle unless you proactively cancel your subscription in accordance
with section 13 of these Terms and Conditions.
- Truly Legit uses a third party payment processor for processing
payments for the Services and the Platform. Truly Legit does not
retain payment or financial information in the ordinary course of
its business.
- Truly Legit will bill overages when the User exceeds their allotted
site visits per month. Overage charges must be paid in full
alongside the User’s regular subscription or service fees. Failure
to pay overage charges can result in suspension or termination of
the Service. Truly Legit reserves the right to modify the overage
rates at any time. If a User chooses to cancel their subscription,
any outstanding overages will still be billed for the month in which
they exceeded their allotted site visits.
- Certification Marks
- To the extent that the User is authorized, by or through the
Services, to use Truly Legit’s certification marks, which may
include the certification marks “TRULY CERTIFIED” and “TRULY SECURE”
and other certification marks of Truly Legit (the “Certification Marks“), Truly Legit hereby grants to User a personal, non-exclusive,
revocable, non-sublicensable license to use and display such
Certification Marks that the User is certified to use, in
association with the User’s goods and services, solely for the
purpose of showing that the User’s goods and services have the
applicable certification and satisfy the applicable certification
standards. Any license to use and display the Certification Marks is
subject to User’s ongoing compliance with all applicable
certification standards published by Truly Legit, these Terms and
Conditions, any other agreement between us, and the payment of all
applicable fees by User. The User shall not sub-license the right
and license to use or display of the Certification Marks to any
other person, or permit any other person to use or display the
Certification Marks in association with such other person’s goods or
services.
- The Certification Marks provided by Truly Legit are intended to be
displayed on the User’s website and in association with their
Services in their original form and may not be edited or customized
in any way. Any attempt to alter or modify any of the Certification
Marks is strictly prohibited and may result in the revocation of the
User’s certification and access to our Service and the Platform, and
withdrawal of the license to use and display the Certification
Marks.
- Truly Legit may update the certification standards applicable to one
or more of the Certification Marks, at any time and at Truly Legit’s
sole discretion. Truly Legit reserves the right to reject a User’s
application for certification if it does not meet Truly Legit’s
certification criteria, in Truly Legit’s sole discretion. Truly
Legit reserves the right to revoke a User’s certification if the
User or their associated business is found to have violated our
certification criteria. Users that have been certified by us are
required to comply with all legal and regulatory requirements, as
well as our certification criteria. Certified Users are also
required to maintain their certification status by renewing their
certification periodically.
- The review and approval of a User’s application for certification or
for a license and right to use a Certification Mark is at Truly
Legit’s sole discretion. Without limiting the generality of the
foregoing or Truly Legit’s available rights and remedies, Truly
Legit may refuse to certify any applicant that, in Truly Legit’s
view, does not comply with any applicable law, including any
applicable obligation pursuant to the Canadian Criminal Code
or the Canadian Human Rights Code. Truly
Legit shall not be liable for any loss or damage resulting from
Truly Legit rejecting any application for certification or rejection
of an application for a license to use a Certification Mark.
- Truly Legit shall not be liable for any loss or damage resulting
from the revocation of any certification or the removal of any
Certification Mark from a User’s website and advertising materials.
- Truly Legit accepts no responsibility or liability, and offers no
guarantee, warranty, or representation, for the goods or services of
businesses and other entities who use Truly Legit’s Certification
Marks. A business or other entity’s use of a Truly Legit
Certification Mark is not a guarantee that the business or other
entity is trustworthy, or that its goods or services will meet or
exceed any particular standard. Any such guarantee, warranty, or
representation is only offered directly from the business or other
entity service provider who uses or displays the Certification Mark.
- Confidentiality and Privacy Policy
All use, collection, and disclosure of User’s personal information
will be governed by Truly Legit’s Privacy Policy, which is available
at https://trulylegit.com/privacy-policy/. By agreeing to these Terms and Conditions and making use of the
Site, the Services, and the Platform, you acknowledge and agree that
you have read Truly Legit’s Privacy Policy and that you consent to the
collection, use, and disclosure of your personal information by Truly
Legit in accordance with the terms of and for the purposes set out in
Truly Legit’s Privacy Policy.
- Disclaimer
Except as expressly set out in these Terms and Conditions, the
Platform and Services are provided “as is” and “as available”, without
any other representations, warranties or conditions or guarantees, and
Truly Legit disclaims and will not be bound by any other
representations, warranties, conditions, or guarantees whatsoever in
connection with the Services and your use and enjoyment thereof,
whether express, implied or statutory, including, without limitation,
any warranties of accuracy, timeliness, performance, completeness,
merchantability, workmanlike quality, title, fitness for a particular
purpose or any purpose, and non-infringement of any rights including
intellectual property rights of any other party. Truly Legit offers no
representation, warranty, or guarantee that applications for business
accreditation and vetting will be approved. Without limiting the
generality of the foregoing, Truly Legit makes no warranty that:
- the Website, the Services, the Platform, or any content posted to
the Platform will meet the User’s requirements;
- the Website, the Services, the Platform, or the content will be
uninterrupted, timely, secure or error-free;
- the results that may be obtained from your use of the Website, the
Services, the Platform, or the content thereof, will be accurate or
reliable; or
- any errors in the Services and/or any software operating on the
Website or the Platform will be corrected. Any material downloaded
or otherwise obtained through the use of the Website, the Platform,
or the Services is done at the User’s own discretion and risk. No
advice or information, whether oral or written, obtained by the User
from the Website or through or from the Platform and Services or the
content shall create any warranty or condition not expressly stated
in the terms.
- Updates and Maintenance
The User acknowledges that temporary interruptions, downtime, or lack
of availability of the Platform and Services may occur from time to
time as normal events. Without limiting the foregoing, Truly Legit
may, at its sole discretion and on a scheduled basis or an emergency
basis, provide updates and maintenance on the software, Platform,
and/or the Services, without notice to the User. The software,
Platform, and/or the Services may be unavailable while Truly Legit
provides updates and maintenance on the software, Platform, and/or the
Services.
- Security
Truly Legit uses commercially reasonable technical and organizational
measures designed to prevent unauthorized access, use, alteration or
disclosure of the Services and data and personal information of Users.
Without limiting the foregoing, Truly Legit will have no
responsibility for errors in transmission, unauthorized third-party
access or other causes beyond Truly Legit’s control. By agreeing to
these Terms and Conditions, User consents to a monthly passive scan
check of the User’s website and monthly business assessment of the
User’s business. The User acknowledges, accepts, and consents to Truly
Legit’s security scans and related security measures and practices. If
User or its Website and/or Business fail Truly Legit’s monthly check,
in Truly Legit’s sole discretion, Truly Legit may revoke the User’s
right to use the Service and Platform and/or require that the User
cease use of the Services and Platform immediately, and User’s
licenses shall be withdrawn. Notwithstanding the foregoing, Users are
solely responsible for their websites’ security, and Truly Legit’s
security scans are not a substitute for appropriate security measures
and practices. Users should take appropriate action to address any
security vulnerabilities identified by Truly Legit’s security scans.
- Exclusions and Limitations of Liability
- YOU AGREE THAT WE SHALL NOT, IN ANY EVENT, BE LIABLE TO YOU FOR ANY
DAMAGES, INCLUDING ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS DATA AND/OR INFORMATION, LOST SAVINGS, OR OTHER EXEMPLARY,
INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER SIMILAR
DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR:
- YOUR USE OR INABILITY TO USE THE PLATFORM, THE SERVICES, THE
WEBSITE, OR ANY PART THEREOF;
- SUSPENSION, LOSS OR INTERRUPTION OF THE PLATFORM AND/OR
SERVICES;
- LOSS OR LIABILITIES RESULTING FROM ACTS OR EVENTS BEYOND OUR
CONTROL;
- DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATIONS TO DATA; OR
- DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO THE
INAPPROPRIATE OR UNAUTHORIZED USE OF THE PLATFORM AND/OR THE
SERVICES BY YOU OR ANY OTHER USER OF THE PLATFORM AND/OR THE
SERVICES; WHETHER BASED ON CONTRACT, TORT, THE BREACH OF ANY
EXPRESS OR IMPLIED WARRANTY OR OTHER LEGAL OR EQUITABLE GROUNDS,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF
THOSE DAMAGES, AND REGARDLESS OF ANY FUNDAMENTAL BREACH HEREOF
OR OF ANY OTHER AGREEMENT.
- Without limiting the foregoing, you acknowledge that in no event
shall Truly Legit or any of its suppliers, affiliates, directors,
officers, employees, agents or representatives be liable for any
loss, damage, cost or injury, arising out of or relating to your use
of or reliance upon (for any purpose) any advice or information
posted or made available through the Platform, the Site, or the
Services, whether by Truly Legit or any other users. We make no
warranties or representations, express or implied, regarding the
accuracy or completeness of the results of our security scans, and
Truly Legit accepts no liability or responsibility for its security
scans, the results of its security scans and related security
measures and practices, or any action or inaction of User related to
the results of Truly Legit’s security scans and related security
measures and practices. While we make commercially reasonable
efforts to verify the information provided by the User and any party
licensed to use the Certification Marks during the sign-up process
and through independent vetting, we cannot guarantee and offer no
representation or warranty of any kind regarding the User or any
party licensed to use the Certification Marks, including any
representation as to legitimacy or trustworthiness.
- OUR TOTAL, MAXIMUM AGGREGATE LIABILITY AND THE TOTAL, MAXIMUM
AGGREGATE LIABILITY OF TRULY LEGIT’S REPRESENTATIVES, ARISING FROM
OR RELATING TO THESE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF
ACTION OR CLAIM, E.G., CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE TOTAL AMOUNT
PAID BY YOU TO TRULY LEGIT IN CONNECTION WITH THE PLATFORM AND THE
SERVICES, IN THE TWELVE (12) MONTH PERIOD PREDATING THE DATE OF THE
CLAIM.
- THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR
TERMINATION OF THESE TERMS AND CONDITIONS, ANY ACCOUNT, OR YOUR
ABILITY OR RIGHT TO USE THE PLATFORM, THE WEBSITE, AND/OR SERVICES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE
DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO
YOU, THE FOREGOING DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF
LIABILITY WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
- Cancellation and Refund
- You may cancel your subscription for our Services and the Platform
at any time. Please note that subscriptions canceled after a billing
period has begun will not be refunded for the unused portion of the
current billing cycle. You may cancel your subscription through your
account settings on the Platform or by submitting a cancellation
request through our support service, as applicable.
- If you are not satisfied with our Services, you may request a refund
within thirty (30) days following
your initial purchase of your first subscription to our Services (the
"Refund"). The Refund applies only to first-time purchases and does not
apply to renewals. Truly Legit reserves the right to deny a Refund if
you violate any of these Terms and Conditions, including section 17 (Unacceptable
Use) of these Terms and Conditions. Before requesting a Refund, we encourage
you to contact our support team to address any issues you may have.
- We endeavour to process Refund requests without undue delay. Refunds
will be paid using the same payment method as the original purchase
unless an alternative is mutually agreed upon between us and you.
Refunds for payments made via prepaid cards or gift cards are not
guaranteed and are subject to the refund policies of the credit card
or gift card issuer. Once a Refund is issued, you will lose access
to the Services to which the Refund applies.
- Refunds will only be provided for Services covered under the 30-Day Refund period as outlined in section 13(b) of these Terms and Conditions. If
you purchased a subscription to the Services and Platform, canceling
your subscription does not entitle you to a Refund beyond the 30-day
period provided in section 13(b) of these Terms and Conditions. Canceling
after the expiration of the 30-day period provided in section 13(b) of
these Terms and Conditions means you will continue to have access to
the Services until the end of the billing period, but you will not receive
a Refund.
- Truly Legit reserves the right to deny Refunds in cases of abuse,
excessive Refund requests, or violations of our Terms and
Conditions. Refunds may also be denied if we determine that the
subscription was used in a manner that violates applicable Truly
Legit policies or any applicable laws. Additionally, certain
promotional or discounted purchases may be non-refundable, as may be
communicated at the time of purchase of the applicable promotional
or discounted purchase.
- Indemnification
The User shall indemnify Truly Legit from and against all losses,
damages, costs and expenses, and save Truly Legit harmless from and
against any and all claims, liabilities, demands, actions, causes of
action, lawsuits and proceedings which may be made or brought against
or suffered by Truly Legit, or which Truly Legit may suffer or incur
as a result of, in respect of or arising out of, the User’s use of the
Platform or Services, User’s violation of these Terms and Conditions
or any applicable law, User’s violation of any third-party rights, and
the User’s use and display of the Certification Marks and any goods or
services offered by User in association with the Certification Marks.
- Termination
We may terminate this Agreement and your access to our Services at any
time for any reason, without notice. You may terminate this Agreement
by discontinuing your use of our Services. Upon termination of these
Terms and Conditions for any reason, Truly Legit will immediately stop
providing Services and discontinue User’s access to the Platform, and
User will immediately cease any and all use of the Services and
Platform.
- User Cooperation
Each User shall be responsible for its own use of or failure to use
the Services, and for the accuracy and completeness of all data and
information provided in connection with the use of the Platform and
Services. Truly Legit will not be responsible or liable for, nor be
considered to be in default under these Terms and Conditions for, any
User’s delay or failure to perform any obligation under these Terms
and Conditions.
- Unacceptable Use
Each User hereby agrees that they and their employees, agents,
affiliated corporate parties and representatives who use and access
the Platform and Services will not:
- decompile, reverse engineer, disassemble or hack or tamper with the
Platform or Services, disable or circumvent any security or
authentication measures of the Platform or Services, or grant any
other person unauthorized access to the Platform or Services (or any
portion thereof) or related systems, networks or data;
- perform any fraudulent activity including but not limited to
impersonating any person or entity, claiming a false affiliation,
accessing any other account on the Platform or Services without
permission, or falsifying identity;
- modify or disable the Platform or Services or use the Platform or
Services in any manner that interferes with or disrupts the
integrity or performance of the Platform or Services or related
systems, network or data;
- access or search the Platform or Services by any means other than
our publicly supported interfaces, or copy, distribute, or disclose
any part of the Platform or Services in any medium, including
without limitation by any automated or non-automated “scraping”;
- modify or create any derivative work of any part of the Service, the
Platform, the Truly Legit software, and the Website;
- use, export or re-export any content or any copy or adaptation of
the Service, the Platform, the Truly Legit software, and the content
of the Website in violation of any applicable laws or regulations,
including, without limitation, data, privacy and export control laws
and regulations;
- use the Platform or Services to use, reproduce, distribute, or
display content or material that is in a way that is pornographic,
obscene, infringing, or defamatory in nature or that would be
reasonably likely to bring any person or property into disrepute;
- use the Platform or Services to violate the privacy of others, or to
collect or gather other users’ personal or confidential information
(including account information) from our Platform or Services;
- systematically retrieve data or other content from the Platform or
Services to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from
us;
- use meta tags or any other “hidden text” including Truly Legit’s
product names, Certification Marks, or trademarks; or
- permit or encourage anyone else to commit any of the actions above.
- Proprietary Rights
The Platform, the Truly Legit software, and our Services contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. All brand names,
product names, trademarks, and Certification Marks that identify Truly
Legit or our proprietary products and services, are the trademarks or
service marks of Truly Legit or its licensors. Truly Legit and its
licensors retain all right, title and interest (including all
copyright, trade secret, and other rights) in and to the Platform, the
Truly Legit software, the Website and all content which is included in
the Platform and the Website. You may not remove any copyright,
watermark, author information or other proprietary notices contained
in the Service, the Platform, the Truly Legit software, or the
Website.
- Successors and Assigns
All of the provisions of these Terms and Conditions shall be binding
upon and inure to the benefit of the parties hereto and their
respective lawful successors and permitted assigns.
- Jurisdiction
These Terms and Conditions shall be governed by and construed in
accordance with the laws of the Province of Alberta and the courts of
Alberta and shall have exclusive jurisdiction to entertain
applications for injunctive relief and all other actions arising in
connection herewith.
- Headings
Section headings are not to be considered a part of these Terms and
Conditions and are not intended to be a full and accurate description
of the contents hereof.
- Amendment and Waiver
No amendment, change or modification of these Terms and Conditions
shall be valid unless in writing signed by the parties hereto. Waiver
by one party hereto of breach of any provision of these Terms and
Conditions by the other shall not operate or be construed as a
continuing waiver.
- Notices
You consent to receive communications from Truly Legit electronically.
You agree that all agreements, notices, disclosures and other
communications that Truly Legit provides to you to your contact
information as provided in the submitted application or in registering
for an account.
- Severability
If any one or more of the provisions of these Terms and Conditions
shall for any reason be held to be invalid, illegal, or unenforceable
in any respect, any such provision shall be severable from these Terms
and Conditions, in which event these Terms and Conditions shall be
construed as if such provision had never been contained herein and the
remainder of these Terms and Conditions shall nevertheless remain in
full force and effect.
- Entire Understanding
These Terms and Conditions constitute the entire understanding and
agreement of the parties, and any and all prior agreements,
understandings, and representations are hereby terminated and
cancelled in their entirety and are of no further force and effect.