Terms And Conditions
This Disclaimer has been updated as of March, 28, 2020. Please read this Disclaimer carefully. By accessing or using Tell Your Story Productions Inc. o/a Sustainable Life App’s (“SUSTAINABLE LIFE APP”) Website/Mobile Application, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to these terms, do not use the related Website/Application.
I. SUSTAINABLE LIFE APP INTRO
SUSTAINABLE LIFE APP (the “Company”) has conceptualized and developed a subscriber-based (“User”) online platform via a Website/Mobile Application that lists companies around the world who sell products that align with our company values referred to as the 5 Factors for Sustainable Consumption, namely, namely the impact on human health, environmental impact, respect for human rights, respect for animal rights, and socio-economic advantage(the “App”). You understand and accept that the SUSTAINABLE LIFE APP or Website/Mobile Application (“Software”) is provided “as is” and any expressed or implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the Company be liable of any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption). As the Software may be of experimental nature and deployed for testing purposes only, you acknowledge that this Version of the Software, even though developed in accordance to state of the art, is likely to contain inaccurate information, bugs, defects, or errors (including any bug, defect, or error relating to or resulting from the display, manipulation, processing, storage, transmission, or use of data) that materially and adversely affects the use, functionality, or performance of the App and Software or any product or system containing or used in conjunction with SUSTAINABLE LIFE APP.
II. DISCLAIMER OF WARRANTY
THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COMPANY PROVIDES THE SOFTWARE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
III. LIMITATION OF LIABILITY
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL THE COMPANY, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE OR THE NON-PAYMENT OF A FEE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IV. ACCOUNT PASSWORD AND SECURITY
When setting up an account within the App and Software, it is your sole responsibility to keep your own account secrets, in particular the password you set during at the first launch of the application. You agree to (a) never use the same password for the App and Software that you have ever used outside of this service; (b) keep your secret information and password confidential and do not share them with anyone else. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section. There is no possibility for the Company to recover your private password.
V. ASSUMPTION OF RISK OF REGULATORY ACTIONS IN ONE OR MORE JURISDICTIONS
The App and Software could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of the Company to continue to develop, or which could impede or limit your ability to access or use the App and Software The Company endeavours to comply with all applicable laws, i.e. all legal requests for information, and reserve the right to provide information, to law enforcement personnel and other third parties to answer inquiries, to respond to legal process, to respond to the order of a court of competent jurisdiction and those exercising the court’s authority and to protect the App and Software and its Users.
VI. SERVICES AND AVAILABILITY
All Users acknowledge that the Company only provides the technical applications to enable the contact between the Requestors and Providers. The Company is not liable for any contact between the Users. The Company is not liable for any breach of duty arising from the contracts concluded between the Users (including non-fulfillment of a contract) and the Company cannot be held responsible for the quality of any work results / computations ordered by a Requestor through the App and Software The Users are solely responsible for the execution and fulfilment of the contracts between Requestors and Providers. The Users acknowledge that a 100% availability of the App and Software is technically not possible. Events beyond the Company’s control can lead to short-term disruptions or temporary suspension of the App and Software The Company excludes, as far as legally permissible, liability for all damages in connection with service interruptions.
You agree to release and to indemnify, defend and hold harmless the Company and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Software, your violation of this Disclaimer, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. If you are obligated to indemnify the Company, Company reserves the right, at its own expense, to assume exclusive defense and control of any matter and, in such case, you agree to cooperate with the Company in the defense of such matter.
VIII. JURISDICTION AND GOVERNING LAW
Any dispute between the Users and the Company shall be submitted to the exclusive jurisdiction of the competent Courts of the Province of British Columbia, with the exclusion of any other jurisdiction or arbitration. This Disclaimer shall be governed by and construed and interpreted in accordance with the substantive laws of Courts of the Province of British Columbia excluding the conflict of law rules.