Terms and Conditions

Introduction

These terms and conditions govern your use of this Site; by using this Site, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Site.

License to use Site

Unless otherwise stated, Koala and/or its licensors own the intellectual property rights in the Site and material on the Site. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages and content from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

Acceptable use

Restricted access

Access to certain areas of this Site is restricted. Koala reserves the right to restrict access to other areas of this Site, or indeed this entire Site, at Koala's discretion.

If Koala provides you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential.

User Content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to Koala, for whatever purpose. This largely includes information related to your Account and/or Koala tester recruitments.

You grant to Koala a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Koala the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Koala or a third party (in each case under any applicable law).

You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Koala reserves the right to edit or remove any material submitted to this Site, or stored on Koala's servers, or hosted or published upon this Site.

Notwithstanding Koala's rights under these terms and conditions in relation to user content, Koala does not undertake to monitor the submission of such content to, or the publication of such content on, this Site.

General Payment Terms.

All payment will be in Canadian dollars. You agree that you are responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of anything you create via Koala, should you do so. Koala is not responsible for collecting, reporting, paying, or remitting to you any such Taxes. "Taxes" means any applicable duties, sales taxes, GST, HST, VAT or other taxes which may be levied in respect of a transaction contemplated by this Agreement.

Any amount that is not paid when due will accrue interest at eighteen percent (18%) per annum or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.

Cookies

This Site uses cookies. By using this Site and agreeing to these terms and conditions, you consent to Koala's use of cookies in accordance with the terms of Koala's Privacy Policy (link to PP).

No warranties

This Site is provided "as is" without any representations or warranties, express or implied. Koala makes no representations or warranties in relation to this Site or the information and materials provided on this Site.

Without prejudice to the generality of the foregoing paragraph, Koala does not warrant that:

Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Limitations of abilities

Koala will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Site:

These limitations of liability apply even if Koala has been expressly advised of the potential loss.

Exceptions

Nothing in this Site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Site disclaimer will exclude or limit Koala's liability in respect of any:

Reasonableness

By using this Site, you agree that the exclusions and limitations of liability set out in this Site disclaimer are reasonable.

If you do not think they are reasonable, you must not use this Site.

Other Parties

You accept that, as a limited liability entity, Koala has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Koala's officers or employees in respect of any losses you suffer in connection with the Site.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Site disclaimer will protect Koala's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Koala.

Unenforceable provisions

If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Site disclaimer.

Indemnity

You hereby indemnify Koala and undertake to keep Koala indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Koala to a third party in settlement of a claim or dispute on the advice of Koala's legal advisers) incurred or suffered by Koala arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of the terms and conditions

Without prejudice to Koala's other rights under these terms and conditions, if you breach these terms and conditions in any way, Koala may take such action as Koala deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

Variation

Koala may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Site from the date of the publication of the revised terms and conditions on this Site. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Koala may transfer, sub-contract or otherwise deal with Koala's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions, together with Koala's Privacy Policy (link to PP) constitute the entire agreement between you and Koala in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Governing Law.

You agree that the laws of Province of Ontario and the federal laws of Canada, excluding conflicts-of-law rules, shall govern these Terms & Conditions of Use. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Koala or relating in any way to your use of the Site resides in the courts of the Province of Ontario, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Province of Ontario, in connection with any such dispute and including any claim involving Koala or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

We control and operate the Site from our offices in Ontario, Canada. We do not represent that materials on the Site are appropriate or available for use outside Ontario, Canada. Persons who choose to access this website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

English Language

It is the express wish of the parties that these Terms of Service 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.

Koala's details

Koala is a product of Heist Data + Design.

Heist's address is 141 Bathurst St., Suite 100. Toronto ON, Canada

You can contact Koala by email at hello@koalatesters.com, and Heist Data + Design at hello@heistmade.com.

Privacy Policy

Koala Testers (“Koala”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Information (as defined below) we collect from users of our Site at http://koalatesters.com and services. It also describes the choices available to you regarding the use of your Personal Information and how you can access and update this information. Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms & Conditions of Use located at http://www.koalatesters.com/terms-of-use.

Our Privacy Policy explains:

What information we collect and why we collect it.

How we use that information.

The choices we offer, including how to access and update information.

1. User Content

By submitting Personal Information through our Site or Services, you expressly consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.

2. Visitors under the age of 13.

Our Service is not offered to persons under the age of 13. Thus, we do not intentionally gather Personal Information from visitors who are under the age of 13.

Types of Data We Collect

"Personal Information" means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address company you work for, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. "Anonymous Data" means data that is not associated with or linked to your Personal Information; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Information and Anonymous Data, as described below.

4. Use of Your Personal Information

5. Disclosure of Your Personal Information.

We disclose your Personal Information as described below and as described elsewhere in this Privacy Policy.

6. Third Party Sites.

7. Your Choices Regarding Your Personal Information

8. Security of Your Personal Information.

Koala is committed to protecting your Personal Information's security. We (and our third party service providers) use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. When you enter sensitive information (such as a credit card number or social insurance number) on our order forms, we (or our third party service providers) encrypt transmission of that information using secure socket layer technology (SSL). We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Koala uses reasonable efforts to protect your Personal Information, Koala cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at hello@koalatesters.com.

9. Testimonials.

We may display personal testimonials of satisfied Clients on our Site in addition to other endorsements. If you choose to provide a testimonial on the Site, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at hello@koalatesters.com.

10. Referrals / Tell a Friend.

If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. Koala stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us to request that we remove this information from our database.

11. Contact Information.

Koala welcomes your comments or questions regarding this Privacy Policy. Please contact us at hello@koalatesters.com.

12. Changes to This Privacy Policy.

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Personal Information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Information, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Site or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

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